Protection Strategies Etc International, LLC (HS002125RE001)

B-423539 Aug 25, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Protection Strategies Etc. International, LLC (PSEI), a service-disabled veteran-owned small business (SDVOSB) of Barrington, New Hampshire, protests the terms of request for proposals (RFP) No. HS002125RE001, issued by the Defense Counterintelligence and Security Agency (DCSA) for background investigation support services. The protester argues the agency failed to set aside the procurement for SDVOSBs and improperly amended the solicitation to remove an evaluation preference for SDVOSBs. Further, the protester challenges multiple solicitation terms as ambiguous or otherwise unclear and takes issue with the agency's selection of a fixed-price contract type. We dismiss in part and deny in part the protest. View Decision 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. Matter of: Protection Strategies Etc. International, LLC File: B-423539 Date: August 25, 2025 Katherine B. Burrows, Esq., Timothy F. Valley, Esq., Eric A. Valle, Esq., Daniel J. Figuenick III, Esq., and Kristine E. Crallé, Esq., Piliero Mazza PLLC, for the protester. Matthew T. Donohue, Esq., Katie L. Oyler, Esq., Tiffany J. Williams, Esq., and Cathryn F. Beaman, Esq., Defense Counterintelligence and Security Agency, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging solicitation includes contradictory terms regarding whether discussions will be held is dismissed as academic where agency intends to amend the solicitation to clarify solicitation's discussions provisions. 2. Protest arguing agency failed to set aside procurement for service-disabled veteran‑owned small businesses (SDVOSBs) and improperly removed an SDVOSB evaluation preference from solicitation is dismissed for failing to state a legally sufficient basis of protest where agency's actions do not violate any procurement law or regulation. 3. Protest contention that solicitation's phase-in requirements are unfunded, and thus, place undue risk on offerors is denied where contention ignores the plain language of the solicitation. Additional allegation that phase-in requirements are ambiguous is denied where the solicitation's terms provide sufficient information for offerors to compete intelligently and on an equal basis. 4. Protest challenging agency's selection of a fixed-price contract type as placing undue risk on prospective offerors is denied where the agency provided historical workload volume and level of effort data sufficient to permit offerors to compete intelligently and on an equal basis. DECISION Protection Strategies Etc. International, LLC (PSEI), a service-disabled veteran-owned small business (SDVOSB) of Barrington, New Hampshire, protests the terms of request for proposals (RFP) No. HS002125RE001, issued by the Defense Counterintelligence and Security Agency (DCSA) for background investigation support services. The protester argues the agency failed to set aside the procurement for SDVOSBs and improperly amended the solicitation to remove an evaluation preference for SDVOSBs. Further, the protester challenges multiple solicitation terms as ambiguous or otherwise unclear and takes issue with the agency's selection of a fixed-price contract type. We dismiss in part and deny in part the protest. BACKGROUND The requirement at issue here “is to provide timely and quality services in support of the background investigations for Federal Government applicants, employees, and contractors performing sensitive work, as well as individuals being investigated due to Federal regulatory requirements.” Agency Report (AR), Tab 4, RFP at 4.[1] DCSA's case processing operations center (CPOC) provides background investigation (BI) services to federal agencies on a reimbursable basis. Contracting Officer's Statement (COS) at 1. The BI services provided by CPOC under the auspices of DCSA previously were provided by the Office of Personnel Management's National Background Investigations Bureau (OPM-NBIB). Id. Both the DCSA-CPOC and OPM‑NBIB offices have contracted out the BI services requirement for at least 20 years. Id.; AR Tab 3, Acquisition Plan at 2. According to DCSA, the “requirement has been executed utilizing firm-fixed unit prices by multiple small businesses since at least 2011.” COS at 1-2. Whether at OPM or DCSA, the agency explains that “during the 20+ year Background Investigation mission, it has always operated in a dynamic environment due to rapidly evolving threats and the resultant statutory, policy, and technological changes designed to match the nation's capabilities to those threats.” Id. at 3.