Federal Missions Solutions, LLC (70B01C24Q00000150)
Case: B-423584.2
Agency:
Denied
B-423584,B-423584.2
Sep 04, 2025
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Highlights
Federal Missions Solutions, LLC (FMS), a small business of Luray, Virginia, protests the terms of request for quotations (RFQ) No. 70B01C24Q00000150, issued by the Department of Homeland Security, U.S. Customs and Border Protection (CBP), for program, project, and mission support services. The protester argues the agency's investigation into CBP's release of FMS's incumbent pricing data was unreasonable, and that the agency's remedial measures fail to adequately address the risk of competitive harm.
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 version has been approved for public release.
Decision
Matter of: Federal Missions Solutions, LLC
File: B-423584; B-423584.2
Date: September 4, 2025
C. Kelly Kroll, Esq., and Kelly Carlson, Esq., Morris, Manning & Martin, LLP, for the protester.
Ross D. Boone, Esq., and Margaret H. Cochrane, Esq., Department of Homeland Security, for the agency.
Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest alleging the agency insufficiently mitigated the competitive harm flowing from the release of the protester's incumbent pricing is denied where the agency's implementation of remedial measures to neutralize the prospect of an unfair competitive advantage was reasonable.
DECISION
Federal Missions Solutions, LLC (FMS), a small business of Luray, Virginia, protests the terms of request for quotations (RFQ) No. 70B01C24Q00000150, issued by the Department of Homeland Security, U.S. Customs and Border Protection (CBP), for program, project, and mission support services. The protester argues the agency's investigation into CBP's release of FMS's incumbent pricing data was unreasonable, and that the agency's remedial measures fail to adequately address the risk of competitive harm.
We deny the protest.
BACKGROUND
The agency issued the solicitation on April 1, 2024, pursuant to the procedures of Federal Acquisition Regulation (FAR) part 12 (Acquisition of Commercial Products and Commercial Services) and subpart 16.5 (Indefinite-Delivery Contracts), to small businesses holding the General Services Administration's (GSA) One Acquisition Solution for Integrated Services (OASIS) multiple-award task order contract (MATOC). Agency Report (AR), Tab 5, Prior RFQ at 1.[1] The RFQ contemplated the issuance of a single, fixed-price order, with a 1-year base period of performance and three, 1-year option periods. AR, Tab 6, Prior RFQ Instructions at 1. Through this procurement, CBP sought program and project management support to plan, evaluate, construct, sustain, maintain, and dispose of projects and real property. AR, Tab 7, Prior RFQ Statement of Work (SOW) at 1.
The solicitation advised that award would be made on a best-value tradeoff basis, considering three factors: (1) prior experience; (2) technical and management approach (via oral presentation); and (3) price. AR, Tab 6, Prior RFQ instructions at 11. The RFQ provided that the non-price factors were of equal importance and, when combined, were approximately equal to price. Id. The competition was to be conducted in two phases. In phase one, the agency would evaluate vendors' quotations under the prior experience factor and would then provide an advisory notification to each vendor explaining whether that company should proceed to phase two of the competition. AR, Id. at 3-4. For those vendors participating in phase two, the agency would evaluate quotations under the remaining two factors. Id.
Multiple firms submitted quotations for consideration in phase one, and three firms--FMS, Cherokee Nation Strategic Programs, LLC (CNSP), and Aver, LLC--submitted quotations for consideration in phase two. Memorandum of Law (MOL) at 3. On September 4, CBP made award to CNSP. Contracting Officer's Statement (COS) at 2. On September 9, FMS filed a protest with our Office, challenging the agency's evaluation of quotations and best-value determination. Our Office dismissed the protest as academic, based on the agency's proposed corrective action, which included reassessing its evaluation and issuing a new source selection decision. Federal Missions Solutions, LLC, B-422915; B-422915.2, Oct. 4, 2024 (unpublished decision).
Following the implementation of its corrective action, CBP again selected CNSP for award. COS at 4. On December 2, FMS filed a second protest with our Office, challenging the agency's evaluation of quotations and best-value decision. On December 19, the agency found that FMS's incumbent contract pricing data had been disclosed to the phase two vendors. AR, Tab 18, CBP Email, Dec. 19, 2024. On January 2, 2025, our Office dismissed FMS's protest as academic, based on the agency's proposed corrective action.
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