Protection Strategies, Inc. v. United States

76 Fed. Cl. 225, 2007 U.S. Claims LEXIS 106, 2007 WL 1031710
CourtUnited States Court of Federal Claims
DecidedMarch 19, 2007
DocketNo. 07-125 C
StatusPublished
Cited by7 cases

This text of 76 Fed. Cl. 225 (Protection Strategies, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Protection Strategies, Inc. v. United States, 76 Fed. Cl. 225, 2007 U.S. Claims LEXIS 106, 2007 WL 1031710 (uscfc 2007).

Opinion

[227]*227 OPINION AND ORDER

SWEENEY, Judge.

This post-award bid protest concerns.the procurement of Security System Services for the National Nuclear Security Administration’s (“NNSA”) Nevada Site Office and Nevada Test Site. Protection Strategies, Incorporated (“plaintiff’), an unsuccessful bidder, alleges that the NNSA improperly awarded the contract to a competing bidder who could not supply the required personnel as promised. Presently before the court are Plaintiffs Motion for a Preliminary Injunction (“plaintiffs motion” or “PL’s Mot.”), Defendant’s Motion to Strike Certain Attachments to Plaintiffs Brief in Support of Plaintiffs Motion for a Preliminary Injunction (“motion to strike”), and Defendant’s Motion for Reconsideration and Objection to the Court’s March 15, 2007 Order (“motion for reconsideration”). Plaintiffs motion sought to preclude the NNSA from proceeding with the entire Security System Services contract. However, at oral argument, plaintiff amended its request for preliminary injunctive relief to encompass only those functions performed by the Vulnerability Assessment Manager and the Site Safeguards and Security Plan Manager. Transcript of March 16, 2007 Proceedings (“Tr.II”) at 73-74. As explained below, plaintiff has failed to meet its burden to show that injunctive relief is appropriate in this case. Accordingly, plaintiffs motion is denied. Further, the court grants defendant’s motion to strike and denies as moot defendant’s motion for reconsideration.

I. BACKGROUND

A. Solicitation and Award2

On April 18, 2005, the NNSA, a component of the United States Department of Energy, issued Solicitation number DE-RP52-05NA99344 (“the solicitation”), seeking Competitive Proposals for a contract to provide Security System Services for the Nevada Site Office and the Nevada Test Site. PL’s Ex. 3 at 3. The Nevada Test Site is “a 1,375 square-mile federal reservation located approximately 65 miles northwest of Las Vegas, Nevada ... operated and controlled by the NNSA/[Nevada Site Office].” Id. at 2. The facility:

provides the supporting infrastructure, air space and utilities to serve the nation in developing innovative solutions to complex problems involving special nuclear material (SNM); hazardous materials; and multi-agency, integrated operations. The [Nevada Test Site] represents the United States’ single, unique capability to support nuclear testing and major experiments that involve SNM or hazardous materials.

Id. This invitation to bid presented a new contract set aside for small businesses. Id. at 3. The incumbent provider of Security System Services was “a large business security support services contractor.” Compl. II5. The solicitation indicated that the contract would be for a term of approximately three years, and would begin with an approximately three-week transition period. PL’s Ex. 6 at 2. The successful bidder was responsible for the “full performance of the Nevada Site Office Security System Services” upon the expiration of the transition period. Id.

The contract described by the solicitation required Security System Services in eight main areas: (1) performance of Vulnerability Assessments; (2) provision of Operational Security support; (3) preparation of Site Safeguards and Security Plans; (4) provision of Security Classification administrative support; (5) provision of physical fitness training for the guard force; (6) provision of Classified Matter staffing and administrative support; (7) operation of the pass and badge system; and (8) delivery of other security support services, such as operating an intranet website, providing security briefings, preparing security education and awareness [228]*228materials, maintaining and updating security education and training records, and providing Safeguards and Security professional training. Pl.’s Ex. 7 at 2-5.

The NNSA estimated that 33 full-time personnel were required to perform the described Security System Services. Pl.’s Ex. 4 at 2. These personnel included a Program Manager; three individuals to perform Vulnerability Assessments; nine people to provide Operational Security, Security Classification administrative support, Classified Matter staffing and administrative support, and other security support; three individuals to support the preparation, review, and revision of the Site Safeguards and Security Plan; twelve individuals to provide physical fitness training; and five individuals to operate the pass and badge systems. Id.

The solicitation required bidders to identify four Key Persons in the Technical Proposal portion of their Competitive Proposals: a Program Manager, a Vulnerability Assessments Manager, an Operational Security Manager, and a Site Safeguards and Security Plan Manager. Pl.’s Ex. 5 at 2; Pl.’s Ex. 8 at 2-3. Each bidder’s Competitive Proposal was to include the following information about the Key Personnel:

The Offeror’s proposal shall demonstrate that its proposed key personnel for this contract are highly qualified, and demonstrate the ability to effectively manage a program of the nature, size and scope of the work required in the [Statement of Work]. The Offeror’s key personnel will be evaluated on their qualifications, currency and relevancy of experience, attainment of advanced degrees in related disciplines, and demonstrated technical expertise, in the specific positions for which they are proposed. Currency and relevancy of experience is significantly more important than education. The Program Manager is considered significantly more important and will be given more weight in the evaluation than any other key personnel. The availability and commitment of each of the Offeror’s key personnel to accept employment in the positions proposed (at an agreed upon salary and benefits package) must be demonstrated by submitting signed and dated letters of commitment, and resumes demonstrating how the proposed personnel meet the experience and qualifications specified. Failure to submit such resumes and letters of commitment may result in an unsatisfactory rating.

Pl.’s Ex. 8 at 3; see also Pl.’s Ex. 9 at 2. Further, bidders were required to describe their “plan for retaining proposed Key Personnel.” Pl.’s Ex. 8 at 3. In addition, in the solicitation’s Statement of Work, the NNSA indicated that vulnerability assessments, operational security functions, and the drafting of the site safeguards and security plan were to be performed by “Q-cleared” personnel. Pl.’s Ex. 7 at 2-3. The solicitation did not specify that the Key Personnel were required to perform their responsibilities on site. See, e.g., Def.’s Ex. 1 at 2-4, 11, 13-14 (describing the duties and importance of the Key Personnel but not indicating where those duties were to be performed).

Bidders were also required to describe their technical capabilities in their Technical Proposals. Pl.’s Ex. 8 at 3. The NNSA would evaluate each Competitive Proposal for the bidder’s “ability to provide a highly trained professional nucleus of employees who possess the necessary skills and flexibility to perform the [Statement of Work]” and for the extent and strength “of the Offeror’s corporate experience in performing all aspects of the” work required by the contract. Id. The NNSA would also evaluate each bidder’s proposed transition plan as part of the bidder’s technical capabilities. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
76 Fed. Cl. 225, 2007 U.S. Claims LEXIS 106, 2007 WL 1031710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protection-strategies-inc-v-united-states-uscfc-2007.