WHR Group, Inc. (15F06722Q0000045)

B-420776,B-420776.2 Aug 30, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights WHR Group, off Pewaukee, Wisconsin, protests the establishment of blanket purchase agreements (BPA) with BGRS Relocation Inc., of Burr Ridge, Illinois, RELO Direct, Inc., of Chicago, Illinois, and Allegiance Government Relocation, of Woodbridge, Virginia, under request for quotations (RFQ) No. 15F06722Q0000045, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for employee relocation services. WHR alleges that the agency's evaluation of vendors' quotations and award decision were improper. We sustain the protest. 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: WHR Group, Inc. File: B-420776; B-420776.2 Date: August 30, 2022 Frank S. Murray, Esq., David T. Ralston, Jr., Esq., Julia Di Vito, Esq., and Megan Chester, Esq., Foley & Lardner LLP, for the protester. Seamus Curley, Esq, and Chelsea L. Goulet, Esq., Stroock & Stroock & Lavan LLP, for BGRS Relocation Inc.; and William F. Savarino, Esq., John J. O’Brien, Esq., and Rhina Cardenal, Esq., Cordatis LLP, for RELO Direct, Inc., the intervenors. Marcela A. Liddick, Esq., and Carlos S. Pedraza, Esq., Department of Justice, for the agency. Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency failed to give adequate consideration to an awardee’s potential impaired objectivity organizational conflict of interest is denied where it was reasonable for the agency to conclude that no conflict would result from award of the blanket purchase agreement, and future potential conflicts that may arise under subsequent orders are properly analyzed at the time of those subsequent actions. 2. Protest challenging the agency’s evaluation of protester’s technical approach is sustained where the agency failed to adequately document the evaluation rating assigned to protester’s quotation, and the error was prejudicial to the protester. 3. Protest challenging the agency’s best-value tradeoff decision is sustained where the record reflects that the agency improperly increased the relative importance of price, and decreased the relative importance of the non-price evaluation factors, from that as set forth in the solicitation’s stated evaluation criteria. DECISION WHR Group, off Pewaukee, Wisconsin, protests the establishment of blanket purchase agreements (BPA) with BGRS Relocation Inc., of Burr Ridge, Illinois, RELO Direct, Inc., of Chicago, Illinois, and Allegiance Government Relocation, of Woodbridge, Virginia, under request for quotations (RFQ) No. 15F06722Q0000045, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for employee relocation services. WHR alleges that the agency’s evaluation of vendors’ quotations and award decision were improper. We sustain the protest. BACKGROUND The FBI’s relocation program facilitates the relocation of eligible employees who move for the benefit of the government. Agency Report (AR), Tab 3, RFQ amend. 1 at 4.[1] In general terms, the statement of work (SOW) requires the contractor to provide all personnel, equipment, and supervision necessary to provide “relocation services that assist [FBI] employees and their family’s market and sell homes, find new homes, ship possessions, and obtain information on school, taxes, and commuting.” RFQ amend. 1, attach. B, SOW at 2. The solicitation was issued on January 21, 2022, to holders of General Services Administration (GSA) multiple award contracts, special item number 531 (Employee Relocation Solution Requirements), pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 8.4. Id. at 1, 5; Contracting Officer’s Statement (COS) at 1. The RFQ contemplated the issuance of one or more BPAs, under which fixed-priced “calls” would be placed, for a 12-month base period together with four 1-year options. RFQ amend. 1 at 7. The RFQ established that BPA award would be made on a best-value tradeoff basis, based on the following evaluation factors, listed in descending order of importance: (1) technical approach; (2) past performance; and (3) price. RFQ amend. 1 at 30, 35. The non-price factors, “individually and combined,” were significantly more important than price. Id. Six vendors, including BGRS, RELO Direct, Allegiance, and WHR, submitted quotations by the February 21 closing date for receipt of quotations. COS at 2.