Pond Security Service GmbH (19AQMM22R0275)
Case: B-423444
Agency: Department of State : Department of State
Date: 2025-07-16
Denied
B-423444,B-423444.2
Jul 16, 2025
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Highlights
Pond Security Service GmbH (Pond), of Erlensee Hessen, Germany, protests the award of a contract to Putz Security AG (Putz), of Berlin, Germany, under request for proposals (RFP) No. 19AQMM22R0275, issued by the Department of State (DOS) for local guard services. Pond contends that the agency unreasonably evaluated proposals and made a flawed best-value tradeoff decision.
We deny the protest.
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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: Pond Security Service GmbH
File: B-423444; B-423444.2
Date: July 16, 2025
Paul D. Reinsdorf, Esq., Law Office of P. Reinsdorf, and Edward V. Arnold, Esq., Seyfarth Shaw LLP, for the protester.
John W. Cox, Esq., and Tudo N. Pham, Esq., Department of State, 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
Protest challenging various aspects of the agency's evaluation and award decision is denied where the record shows that the agency's evaluation was reasonable and consistent with the terms of the solicitation or, to the extent the agency committed any errors, such errors did not competitively prejudice the protester.
DECISION
Pond Security Service GmbH (Pond), of Erlensee Hessen, Germany, protests the award of a contract to Putz Security AG (Putz), of Berlin, Germany, under request for proposals (RFP) No. 19AQMM22R0275, issued by the Department of State (DOS) for local guard services. Pond contends that the agency unreasonably evaluated proposals and made a flawed best-value tradeoff decision.
We deny the protest.
BACKGROUND
The agency issued the RFP on March 1, 2023, for local guard services at the United States Mission in Germany including the United States Embassy in Berlin and other post locations in Hamburg, Leipzig, Frankfurt, Dusseldorf, and Munich. Agency Report (AR), Exh. 159, RFP amend. 11 at 10.[1] In general terms, the RFP required the contractor to provide the organizational structure, management, equipment, and qualified local guard force focusing on specific actions in the general and post orders for all sites, facilities, and guard post locations. See generally, RFP amend. 11, Performance Work Statement (PWS) at 11; see also, AR, Exh. 3, Indefinite-Delivery, Indefinite-Quantity (IDIQ) Exh. B, General and Post Orders.
Among other things, the solicitation included a list of contractor-furnished property to perform the solicited services at all guard post locations. See AR, Exh. 3, IDIQ Exh. D, Contractor Furnished Property at 1-6. For example, the contractor must furnish the required weapon system for all employees assigned to an armed guard post location and to obtain the necessary licenses and permits in accordance with German laws and regulations. Id. at 3. The weapon system currently being used by the local guard force in Germany was identified as CZ-75 BD (Police) model. RFP amend. 11 at 38.
Additionally, and relevant here, the solicitation identified various training requirements for new and incumbent employees. Id. at 19, 35. The basic training program for all new and incumbent employees shall be a minimum of 80 hours, and for new hires an additional 40 hours of firearms training is required with an annual refresher firearms training requirement of 8 hours. Id. at 36, 39. The additional 40 hours firearms training did not apply to incumbent guard personnel if the offeror planned to use the same weapon system as the one that is currently being used, the CZ-75 BD (Police) model. Id. at 39.
The RFP contemplated the award of a single, IDIQ contract with a 5-year ordering period, under which three task orders with time-and-materials line items will be issued simultaneously with the IDIQ contract.[2] RFP amend. 11 at 5, 96. Each task order will be issued for the actual known service requirements with an estimated total price and ceiling price in the task order schedule.[3] Task order 1 will be for staffing post locations in Berlin, Hamburg, and Leipzig; task order 2 will be for staffing post locations in Frankfurt and Dusseldorf; and task order 3 will be for staffing the post location in Munich. Id. at 10. The IDIQ contract has a guaranteed minimum of €10,000 and a maximum ceiling of €240,000,000, which includes the 5-year ordering period and an optional 6-months extension. Id. at 6.
The RFP included detailed proposal preparation instructions that required offerors to submit both a price and technical proposal, and provided specific instructions about the content, page limitations, and format of the two volumes. RFP amend. 11 at 84-95.
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