CDS Services, Inc. (36C26223Q1082)

B-422005.6,B-422005.7 Sep 05, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights CDS Services, Inc., a service-disabled veteran-owned small business (SDVOSB) located in Murrieta, California, requests that our Office recommend that it be reimbursed the reasonable costs of filing and pursuing its protests with respect to request for quotations (RFQ) No. 36C26223Q1082, issued by the Department of Veterans Affairs (VA). In addition, CDS requests that we recommend reimbursement of its quotation preparation costs. The requester argues that its three previous protests of the agency's evaluation of quotations and subsequent award decisions, and fourth protest challenging the agency's proposed cancellation of the solicitation were clearly meritorious and the agency unduly delayed taking corrective action in response to each of the protests. We deny the requests. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: CDS Services, Inc.--Costs File: B-422005.6; B-422005.7 Date: September 5, 2024 Alan Grayson, Esq., for the requester. Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Paula A. Williams, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Requests for reimbursement of the costs of filing and pursuing multiple protests and for preparing a quotation are denied where the agency did not unduly delay taking corrective action in response to each protest and where the protest allegations were not clearly meritorious. DECISION CDS Services, Inc., a service-disabled veteran-owned small business (SDVOSB) located in Murrieta, California, requests that our Office recommend that it be reimbursed the reasonable costs of filing and pursuing its protests with respect to request for quotations (RFQ) No. 36C26223Q1082, issued by the Department of Veterans Affairs (VA). In addition, CDS requests that we recommend reimbursement of its quotation preparation costs. The requester argues that its three previous protests of the agency's evaluation of quotations and subsequent award decisions, and fourth protest challenging the agency's proposed cancellation of the solicitation were clearly meritorious and the agency unduly delayed taking corrective action in response to each of the protests. We deny the requests. BACKGROUND The RFQ was issued on July 21, 2023, as a set-aside for SDVOSB concerns under Federal Acquisition Regulation (FAR) part 12, Acquisition of Commercial Items and Commercial Services, and FAR part 13, Simplified Acquisition Procedures.[1] VA Resp. to Req. for Costs, B-422005.6, at 1. The RFQ sought pest control and management services for the Phoenix VA Health Care System to include the development and implementation of a comprehensive integrated pest management program. Id. The solicitation anticipated issuance of a fixed-price purchase order for a 1-year base period and four 1-year options to the vendor whose quotation offered the best value to the government based on the evaluation of the following factors: technical/quality; past performance; price; and evaluation of monitor and surveillance proposal for tracking/monitoring pests in the facilities. Id. at 2. CDS was one of five vendors that submitted timely quotations. After evaluating quotations, the VA issued the purchase order to Apex Contract Solutions, LLC (Apex) on September 12, 2023. Id. at 3. On September 25, CDS filed an initial protest challenging the award decision, which was docketed by our Office as B-422005.1. The protest challenged various aspects of the agency's evaluation of Apex's quotation and the subsequent award decision. We dismissed the protest as academic based on the agency's prompt decision before the due date for the agency report to take voluntary corrective action by reevaluating quotations and making a new award decision. CDS Servs., Inc., B-422005.1, Sept. 29, 2023 (unpublished decision). The VA completed its corrective action and again issued the purchase order to Apex on December 22. CDS filed a second protest (B-422005.2) on January 2, 2024, again realleging that the agency's reevaluation of quotations was unreasonable. The protester also challenged the agency's affirmative determination of responsibility for Apex. Following notice on January 25, again before the due date for the agency report, that the agency elected to take corrective action to include reevaluation of all quotations and a new award decision, we dismissed the protest as academic. CDS Servs., Inc., B-422005.2, Jan. 26, 2024 (unpublished decision). The VA again reevaluated quotations and issued the purchase order to Go Easy Contracting, LLC (Go Easy) on April 1, 2024. CDS filed its third protest challenging the agency's award decision on April 17, which we docketed as B-422005.4.