Excelsior Defense, Inc. (36C24824Q1351)

Case: B-423106 Agency: Department of Veterans Affairs : Department of Veterans Affairs Date: 2025-01-28 Denied
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B-423106 Jan 16, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Excelsior Defense, Inc., a service-disabled veteran-owned small business (SDVOSB) of St. Petersburg, Florida, protests its exclusion from competition and the issuance of an order to Culpepper and Associates Security Services, Inc. (CASS), an SDVOSB of Atlanta, Georgia, under request for quotations (RFQ) No. 36C24824Q1351, issued by the Department of Veterans Affairs (VA) for unarmed security guard services at the Orlando, Florida VA Medical Center. The protester argues that the agency improperly eliminated Excelsior from the competition and unreasonably evaluated CASS's quotation. We deny the protest. View Decision Decision Matter of: Excelsior Defense, Inc. File: B-423106 Date: January 16, 2025 Kristofor L. Halverson, Excelsior Defense, Inc., for the protester. Brian R. Reed, Esq., Department of Veterans Affairs, for the agency. Emily R. O’Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging protester’s elimination from competition is denied where agency reasonably excluded protester for failing to submit a signed limitation on subcontracting certification. 2. Protest challenging agency’s evaluation of awardee’s quotation is denied where agency’s evaluation was reasonable and consistent with the terms of the solicitation. DECISION Excelsior Defense, Inc., a service-disabled veteran-owned small business (SDVOSB) of St. Petersburg, Florida, protests its exclusion from competition and the issuance of an order to Culpepper and Associates Security Services, Inc. (CASS), an SDVOSB of Atlanta, Georgia, under request for quotations (RFQ) No. 36C24824Q1351, issued by the Department of Veterans Affairs (VA) for unarmed security guard services at the Orlando, Florida VA Medical Center. The protester argues that the agency improperly eliminated Excelsior from the competition and unreasonably evaluated CASS’s quotation. We deny the protest. BACKGROUND The VA issued the solicitation as a set-aside for SDVOSB concerns on July 23, 2024, under the General Services Administration’s Federal Supply Schedule (FSS) using the procedures set forth in Federal Acquisition Regulation (FAR) subpart 8.4. Agency Report (AR), Exh. 4, RFQ at 3, 60.[1] The RFQ sought quotations to provide unarmed security guard services throughout the Orlando VA healthcare system hospitals, clinics, and administrative support buildings. Id. at 43. The solicitation contemplated the issuance of a fixed-price indefinite-delivery order with a 12-month base period and four 12-month options. Id. at 44. The RFQ provided that award would be made on a best‑value tradeoff basis, considering the following factors: technical, experience, and price. Id. at 83. The agency received six quotations by the August 19 deadline. Memorandum of Law (MOL) at 2; Contracting Officer’s Statement (COS) at 2. Before sending quotations to the technical evaluation team for review, the contracting officer conducted a preliminary compliance review. COS at 2. Among other things, the contracting officer reviewed the quotations to determine whether each quotation contained a completed, signed limitation on subcontracting (LOS) certification. Id. The contracting officer determined that a signed certification was missing from three of the quotations, including the quotation from Excelsior. Id.; AR, Exh. 7, Administrative Review. Of the three remaining quotations, the contracting officer found that two of the vendors had failed to submit other required documentation. COS at 2. Thus, five of the quotations did not pass the compliance review because they were found to be incomplete and, as a result, they were excluded from further consideration. Id. The VA evaluated the remaining quotation and made award to CASS on October 1.[2] Id.; AR Exh. 8, FSS Award Documentation at 4. The VA posted the award notice to SAM.gov on October 2. AR, Exh. 12, Award Announcement. The protester filed an agency-level protest with the VA on October 3. MOL at 3. The agency denied the protest on October 7. Id.; Protest, exh. A, Agency-Level Protest Decision at 3. Excelsior filed the instant protest with our Office on October 16. DISCUSSION Excelsior argues that the agency unreasonably excluded its quotation from consideration for issuance of a task order, and that the agency’s evaluation of the awardee’s proposal was unreasonable. Protest at 1-2. The agency responds that Excelsior was properly eliminated from the competition for failing to submit a signed LOS certification with its quotation. MOL at 11.

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