CORE DC, LLC
Case: B-423475.3
Agency: Department of Justice
Date: 2025-12-18
Denied
B-423475.3
Dec 18, 2025
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Highlights
CORE DC, LLC, a small business located in Washington, D.C., protests the terms of request for proposals (RFP) No. 15BRRC25R00000018, which was issued on an unrestricted basis by the Department of Justice, Bureau of Prisons (BOP), for residential reentry center (RRC) in-house services and home confinement services. The protester argues that the RFP should have been set aside for small business concerns pursuant to Federal Acquisition Regulation (FAR) section 19.502-2(b), also known as the "Rule of Two."
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: CORE DC, LLC
File: B-423475.3
Date: December 18,2025
Jonathan D. Shaffer, Esq., and John Tanner, Esq., Haynes and Boone, LLP, for the protester.
William D. Robinson, Esq., Kristina Sullivan, Esq., Loneryl Burns, Esq., David M. Tatarsky, Esq., and Clint Gerdine, Esq., Department of Justice, 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 agency's decision not to set aside a procurement for small business concerns is denied where the agency reasonably concluded from its market research that it did not have a reasonable expectation of receiving offers from two or more small businesses capable of performing the required services at fair and reasonable prices.
DECISION
CORE DC, LLC, a small business located in Washington, D.C., protests the terms of request for proposals (RFP) No. 15BRRC25R00000018, which was issued on an unrestricted basis by the Department of Justice, Bureau of Prisons (BOP), for residential reentry center (RRC) in-house services and home confinement services. The protester argues that the RFP should have been set aside for small business concerns pursuant to Federal Acquisition Regulation (FAR) section 19.502-2(b), also known as the “Rule of Two.”
We deny the protest.
BACKGROUND
On February 28, 2025, BOP issued the RFP on an unrestricted basis and subsequently amended it four times. The agency assigned North American Industry Classification System (NAICS)[1] code 623990, Other Residential Care Facilities, to the acquisition. Agency Report (AR), Exh. 3, RFP at 45.[2] The stated objective of this procurement is to establish a RRC that provides comprehensive community-based services for individuals who are in the custody of BOP or under the supervision of United States Probation and Pretrial Services. The mission of the reentry program is to assist federal offenders during the transition from prison to the community by providing services which include self-improvement opportunities during the transition. RFP Statement of Work (SOW) at 154.
As amended, the RFP sought proposals to acquire an RRC facility to provide in-house services and home confinement services for adult males located either within the city limits of Washington, D.C.; Montgomery County, Maryland; Prince George's County, Maryland; Arlington County, Virginia; or Fairfax County, Virginia. The home confinement geographic radius must be within 150 miles of the RRC facility. RFP amend. 1 at 67.
The solicitation required offerors to propose secure and compliant facilities that would be fully operational and ready for occupancy within 240 days after the date of award with 300 available beds for adult males and home confinement services that can accommodate 150 male placements. Id. at 79. Additionally, the solicitation required offerors to obtain zoning and occupancy approvals; to demonstrate the ability to manage residential services on a 24/7 basis; to provide security and monitoring systems, case management programs, employment and treatment services, and home confinement operations to meet the RFP's performance requirements. Contracting Officer's Statement (COS) at 1.
The RFP contemplated award of a single indefinite-delivery, indefinite-quantity contract with firm-fixed unit prices with a 1-year base period and four, 1-year options. RFP amend. 1 at 75. The solicitation provided that award would be made to the offeror whose proposal was determined to be in the best interest of the government, considering past performance, technical/management, and price. Id. at 124. For purposes of award, the past performance factor was more important than the technical/management factor and when combined, were significantly more importance than price. Id.
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