National Vanguard Consortium, LLC (70FBR425R00000020)

B-423260 Mar 19, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights National Vanguard Consortium, LLC (NVC), a small business of Liberty Hill, Texas, protests the award of a contract to Strategic Security Corporation, a small business of Smithtown, New York, under request for proposals (RFP) No. 70FBR425R00000020, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for armed security guard services. The protester argues that the agency unreasonably evaluated NVC's proposal, failed to conduct discussions with NVC, and made an improper source selection decision. We deny the protest. View Decision Decision Matter of: National Vanguard Consortium, LLC File: B-423260 Date: March 19, 2025 David Humble, for the protester. Lauren LaMontagne, Esq., Matthew Lane, Esq., and Ekta Patel, Esq., Department of Homeland Security, 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 evaluation of protester’s technical approach is denied where the evaluation was reasonable and consistent with the terms of the solicitation. 2. Protest challenging agency’s failure to conduct discussions is denied where the solicitation advised offerors that agency intended to make award without discussions and agency did not conduct discussions. DECISION National Vanguard Consortium, LLC (NVC), a small business of Liberty Hill, Texas, protests the award of a contract to Strategic Security Corporation, a small business of Smithtown, New York, under request for proposals (RFP) No. 70FBR425R00000020, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for armed security guard services. The protester argues that the agency unreasonably evaluated NVC’s proposal, failed to conduct discussions with NVC, and made an improper source selection decision. We deny the protest. BACKGROUND The agency issued the solicitation as a small business set-aside on December 3, 2024, using the procedures set forth in Federal Acquisition Regulation (FAR) parts 12 and 15. Agency Report (AR), Tab B, RFP at 1.[1] The RFP sought armed guard services at various FEMA sites and facilities in locations throughout North Carolina related to support of a major disaster declaration. Id. at 2-3. The agency required armed security guard services to safeguard federal employees, visitors, and property at temporary and fixed facilities. Id. at 3. The solicitation contemplated the award of a labor-hour contract for a 3-month base period with two 3-month options. Id. The RFP provided that award would be made on a best-value tradeoff basis, considering the following factors: availability, management approach, past performance, and price.[2] Id. at 80. The solicitation stated that the agency reserved the right to make award to the other than lowest-priced or highest technically rated offeror. Id. at 81. Additionally, the solicitation noted that a rating of “unsatisfactory” or “low confidence” in any factor “will render the entire proposal technically unacceptable and, therefore, not eligible for award.” Id. at 80. The agency received 11 proposals, including proposals submitted by NVC and Strategic Security, by the solicitation’s December 14 deadline. AR, Tab G, Award Decision at 1. The technical evaluation team (TET) reviewed proposals after pricing information was redacted.[3] Id. The TET evaluated the protester’s proposal and determined that it had “low confidence” in the protester’s approach under the availability evaluation factor. AR, Tab F, TET Consensus Report at 1-2. The contracting officer independently reviewed the TET’s evaluation and fully concurred with its findings. AR, Tab G, Award Determination at 5, 10. Because NVC received a “low confidence” rating for the availability factor, FEMA found NVC’s proposal technically unacceptable and ineligible for award. Contracting Officer’s Statement (COS) at 6. The agency found all proposals, except for Strategic Security’s proposal, to be technically unacceptable. Id. The agency awarded the contract to Strategic Security on January 1, 2025, for a total value of $7,524,727, after determining that its price was fair and reasonable. COS at 8. The agency notified NVC of the award decision on January 2. The protester filed its protest with our Office on January 3.[4] DISCUSSION The protester argues that FEMA unreasonably evaluated NVC’s proposal, failed to conduct meaningful discussions, and made an improper source selection decision.[5] Protest at 2-3. The agency responds that its evaluation of proposals and source selection decision were reasonable. Memorandum of Law (MOL) at 6-17, 21-22.