Paragon Systems, Inc. (USBQ202400002)

B-422828,B-422828.2 Nov 19, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Paragon Systems, Inc., of Herndon, Virginia, protests the establishment of a blanket purchase agreement (BPA) with Asset Protection and Security Services, L.P., of Corpus Christi, Texas, under request for quotation (RFQ) No. USBQ202400002, issued by the United States Capitol Police (USCP) for unarmed security guard services at the United States Capitol grounds. The protester challenges the agency's evaluation of Paragon's quotation and best-value determination. 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: Paragon Systems, Inc. File: B-422828; B-422828.2 Date: November 19, 2024 Douglas P. Hibshman, Esq., Keeley McCarty, Esq., Dana Molinari, Esq., Fox Rothschild LLP, for the protester. Rahsaan J. Dickerson, Esq., United States Capitol Police, for the agency. Thomas J. Warren, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s evaluation of quotation as unacceptable is denied where the evaluation was reasonable and consistent with the terms of the solicitation. 2. Protester is not an interested party to challenge other aspects of agency’s evaluation where the protester was not eligible for award as a result of submitting a technically unacceptable quotation. DECISION Paragon Systems, Inc., of Herndon, Virginia, protests the establishment of a blanket purchase agreement (BPA) with Asset Protection and Security Services, L.P., of Corpus Christi, Texas, under request for quotation (RFQ) No. USBQ202400002, issued by the United States Capitol Police (USCP) for unarmed security guard services at the United States Capitol grounds. The protester challenges the agency’s evaluation of Paragon’s quotation and best-value determination. We deny the protest in part and dismiss it in part. BACKGROUND The USCP is the federal legislative branch police force responsible for providing law enforcement services on the United States Capitol grounds. Agency Report (AR), Exh. 2, RFQ at 24.[1] The USCP explains that since 2021 it has experienced an unanticipated surge of resignations and retirements, which saw its workforce significantly and unexpectedly reduced. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2-3. Consequently, the agency closed several door and barricade posts throughout the Capitol grounds due to the agency’s staffing shortage. Id. To meet the agency’s urgent and compelling need for additional security officers at various posts across the Capitol grounds, in 2022, the USCP awarded two sole-source contracts for unarmed security guards, one of which was awarded to Paragon. Id. at 4, 30. With these two sole-source contracts expiring on August 31, 2024, the agency sought to combine the two contracts under a single, competitively established BPA. Id. at 30. The RFQ here, issued on April 16, 2024, contemplated the establishment of this single BPA, under which fixed-price call orders would be placed, for five 1-year ordering periods. RFQ at 23, 35. In general terms, the selected vendor would provide security guard support services, known as contracted security officers (CSOs), at various post locations throughout the Capitol grounds that fall under the authority of the USCP’s Uniform Services Bureau.[2] Id. at 25. The RFQ’s statement of work (SOW) specified that the selected vendor should use “a combination of full-time and part-time positions,” as necessary, to “ensur[e] adequate post coverage” and “provide full staffing level coverage” for 77 CSO posts specifically identified in the RFQ. Id. at 28-29, 70-71. The RFQ provided that the BPA would be established in accordance with the procedures of Federal Acquisition Regulation (FAR) subpart 8.4, and the basis for award would be “best value.” Id. at 72. The BPA was to be competitively established based on four evaluation factors, in the following order of importance: (1) technical approach; (2) management, quality control, and staffing plan; (3) past performance; and (4) price.[3] Id. The RFQ provided that the nonprice factors, when combined, were significantly more important than price. Id. In addition, the agency reserved the right to “award to other than the lowest priced quote or other than the highest technically rated quote.” Id. at 72; COS/MOL at 31. Relevant here, the RFQ required vendors to submit plans for management, quality control, and staffing to be assessed under the management, quality control, and staffing plan factor. RFQ at 72.