Black Security Products, LLC (46408)

B-423082 Dec 20, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Black Security Products, LLC (BSP), a small business of Houston, Texas, protests the issuance of a purchase order to Global Grab Technologies, Inc., a small business of Franklin, Tennessee, under request for quotations (RFQ) No. 46408/Buy No. 1184516_01, issued by the Department of Homeland Security, United States Customs and Border Protection (CBP) for active vehicle barrier (AVB) systems. The protester challenges the agency's evaluation of its quotation as technically unacceptable. We deny 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: Black Security Products, LLC File: B-423082 Date: December 20, 2024 W. Matthew Bryant, Esq., Saul Ewing, LLP, for the protester. Chelsea Neilson, Esq., and Melanie T. Dasher, Esq., Department of Homeland Security, for the agency. Suresh S. Boodram, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of the protester’s technical quotation as technically unacceptable is denied where the record shows that the agency’s evaluation was reasonable and in accordance with the terms of the solicitation. DECISION Black Security Products, LLC (BSP), a small business of Houston, Texas, protests the issuance of a purchase order to Global Grab Technologies, Inc., a small business of Franklin, Tennessee, under request for quotations (RFQ) No. 46408/Buy No. 1184516_01, issued by the Department of Homeland Security, United States Customs and Border Protection (CBP) for active vehicle barrier (AVB) systems. The protester challenges the agency’s evaluation of its quotation as technically unacceptable. We deny the protest. BACKGROUND The agency issued the RFQ on September 24, 2024, as a small business set-aside using the simplified acquisition procedures of Federal Acquisition Regulations (FAR) subpart 13.5.[1] Agency Report (AR), Tab 4, RFQ at 1; Memorandum of Law (MOL) at 1. The agency issued the RFQ via the Unison Marketplace website.[2] AR, Tab 4, RFQ at 1. The RFQ contemplated a lowest-priced, technically acceptable (LPTA) source selection and sought quotations for two AVB systems.[3] Id. The RFQ noted that all requirements of the statement of work (SOW) needed to be met in order to be considered for award, and specifically required that offerors “[p]rovide details of the system being provided in reference to the requirements listed in the SOW[.]” Id. at 2. Additionally, offerors were instructed to “enter exactly what they are bidding (including make, model, and description) into the blank description field in order for the [quotation] to be considered.” Id. The RFQ further provided that: “Quot[ations] that do not show they meet all requirements of the SOW will be considered non-responsive.” Id. Relevant to the issues presented, section 3 of the SOW described “[g]eneral [s]pecifications” for the AVB system and section 4 listed required equipment and a bill of materials. AR, Tab 5, SOW at 2, 8. Section 3 of the SOW framed the AVB requirement as a “turnkey solution,” meaning performance under the contract not only included delivery of the integrated component systems, but also included design, engineering, civil construction, installation, project management, commissioning, testing, and training. Id. at 8. Further, under section 4, offerors were required to provide an “Electrical Package (Pathways for Power and Comms) – Quantity: 3 each.”[4] Id. CBP received quotations from Global Grab and BSP by the RFQ’s closing date. In its quotation, BSP included a chart of the products it intended to use to perform the RFQ with a description of each product. AR, Tab 7, BSP Technical Information at 6. Under the product item listed as “[e]lectrical [p]ackage,” BSP indicated “[n]o [b]id,” with no further description. Id. Regarding section 3’s turnkey requirement, the contracting officer found no mention of construction nor of training or commissioning. AR, Tab 3, Technical Evaluator’s Statement at 3. The agency deemed the protester’s quotation to be technically unacceptable. Id. at 5. In addition to the electrical package and turnkey requirements deficiencies, the agency also noted five other areas of concern supporting BSP’s overall unacceptability rating. AR, Tab 9, AVB LPTA Acceptability Review at 1-2. The agency ultimately selected Global Grab’s quotation for award as the lowest-price, technically acceptable quotation with a total price of $2,998,755.22. MOL at 5. On October 9, 2024, BSP filed the instant protest.