HamHed, LLC (36C24722Q0001)

B-420245.4,B-420245.5,B-420245.6,B-420245.7 Nov 18, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights HamHed LLC, a service-disabled veteran-owned small business (SDVOSB) of Jeffersonville, Indiana, protests the award of a contract to Mark Brailsford Group Integrated Solutions (MBGIS), an SDVOSB of Fayetteville, Georgia, under request for quotations (RFQ) No. 36C24722Q0001, issued by the Department of Veterans Affairs for janitorial services at the Ralph H. Johnson Veterans Affairs Medical Center (VAMC) in Charleston, South Carolina. The protester contends that the agency unreasonably evaluated its quotation and MBGIS's quotation, which resulted in an improper award. The protester also contends that the agency's decision to utilize in-house janitorial services during the pendency of this protest violated numerous statutes and regulations. We deny the protest in part, and dismiss it in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: HamHed, LLC File: B-420245.4; B-420245.5; B-420245.6; B-420245.7 Date: November 18, 2022 Joshua D. Schnell, Esq., Daniel J. Strouse, Esq., Jason W. Moy, Esq., and Rhina M. Cardenal, Esq., Cordatis Law LLP, for the protester. Deborah K. Morrell, Esq., Department of Veterans Affairs, for the agency. Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency’s evaluation of quotations is denied where the evaluation was reasonable and in accordance with the terms of the solicitation. 2. Protest challenging the agency’s decision to use in-house services during the pendency of the protest is dismissed as that decision involves the exercise of the agency’s business judgment and executive branch policy, and thus, is not a matter for our consideration. DECISION HamHed LLC, a service-disabled veteran-owned small business (SDVOSB) of Jeffersonville, Indiana, protests the award of a contract to Mark Brailsford Group Integrated Solutions (MBGIS), an SDVOSB of Fayetteville, Georgia, under request for quotations (RFQ) No. 36C24722Q0001, issued by the Department of Veterans Affairs for janitorial services at the Ralph H. Johnson Veterans Affairs Medical Center (VAMC) in Charleston, South Carolina. The protester contends that the agency unreasonably evaluated its quotation and MBGIS’s quotation, which resulted in an improper award. The protester also contends that the agency’s decision to utilize in-house janitorial services during the pendency of this protest violated numerous statutes and regulations. We deny the protest in part, and dismiss it in part. BACKGROUND The current protest is the latest in a series of protests filed by HamHed, the incumbent contractor, challenging awards made by the agency under RFQ No. 36C24722Q0001. See Protest at 1‑2. Prior to issuing the solicitation at issue here, the agency had awarded a contract for janitorial services at the VAMC in Charleston to HamHed. Protest at 6 n.2. While that contract included a base and option periods, the agency elected not to exercise the option periods, and modified HamHed’s contract to end on October 31, 2021. Id. at 3. The agency then issued the current RFQ on August 19, 2021, in accordance with Federal Acquisition Regulation (FAR) subpart 12.6. Agency Report (AR), Tab 2, Contracting Officer’s Statement (COS) at 1; AR, Tab 3, RFQ at 3. The RFQ, as amended, was set aside for SDVOSBs and contemplated the award of a contract for a base period of twelve months with four, 1-year option periods.[1] RFQ at 4; Comments and Supp. Protest, exh. 1, amend. 0004 at 4‑5.[2] The RFQ, as amended, provided that quotations would be evaluated under FAR section 13.106-2(b), and that a comparative evaluation of quotations would be conducted. Comments and Supp. Protest, exh. 2, amend. 0003 at 16‑18. The solicitation identified three evaluation factors: price, past performance, and technical capability. Id. at 17. For past performance, vendors were to submit up to three references that were similar in size and scope to the requirements of the RFQ. Id. For technical capability, vendors were required to provide a quality control plan, resumes for supervisors, a contingency plan for replacing personnel, and a training plan. Id. at 6; AR, Tab 13, Source Selection Decision (SSD) at 6. The RFQ provided for award on a best-value basis to the vendor whose quotation was most advantageous to the agency, price and other factors considered.[3] Comments and Supp. Protest, exh. 1, amend. 0003 at 18. On October 1, 2021 the agency awarded the contract to LR-Associates, LLC. COS at 1. Following a protest filed by HamHed with our Office, the agency elected to terminate that award and reevaluate quotations.