Sentrillion Corp. v. United States

114 Fed. Cl. 557, 2014 U.S. Claims LEXIS 32, 2014 WL 320572
CourtUnited States Court of Federal Claims
DecidedJanuary 13, 2014
DocketNo. 13-636C
StatusPublished
Cited by6 cases

This text of 114 Fed. Cl. 557 (Sentrillion Corp. 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
Sentrillion Corp. v. United States, 114 Fed. Cl. 557, 2014 U.S. Claims LEXIS 32, 2014 WL 320572 (uscfc 2014).

Opinion

OPINION AND ORDER

Williams, Judge.

In this bid protest, Sentrillion Corporation (“Sentrillion”) challenges the United States Marshals Service’s (“USMS”) award of a contract to Tyco Integrated Security, LLC (“Tyco”) for security services in Federal courthouses and USMS facilities throughout the United States. Sentrillion contends that USMS erred in concluding that Sentrillion failed to satisfy the requirements for partnership agreements and business licenses. Additionally, Sentrillion contends that USMS treated Sentrillion and Tyco unequally, applied unstated evaluation criteria, and failed to conduct meaningful discussions. Claiming it was the lowest priced technically acceptable offeror, Sentrillion asks the Court to direct award to it.

[560]*560This matter comes before the Court on the parties’ cross-motions for judgment on the administrative record (“AR”). Because Sen-trillion has failed to demonstrate that USMS’s decision to award the contract to Tyco was improper, the Court grants Defendant’s and Intervenor’s cross-motions for judgment on the AR.2

Findings of Fact 3

The Solicitation

On April 5, 2012, USMS issued solicitation number DJMS-12-R-0011 seeking security services for approximately 900 judicial and USMS facilities throughout all 50 states and the organized United States territories. AR Tab 2 at 6,17. Specifically, the awardee was to “provide all management, supervision, manpower, materials, supplies, and equipment necessary to plan, schedule, coordinate, and assure effective performance of’ security systems in judicial and USMS facilities. Id. at 11, 17. USMS sought security services in one or more of three geographical regions— Eastern, Central, and Western. Id. at 18. Any offeror who wished to bid on all three geographical regions could submit a nationwide proposal, in addition to proposals covering the separate regions. Id. at 137.

Offerors were to submit their proposals in the following five sections: (I) Certification Package, (II) Technical Submission, (III) Past Performance, (IV) Price Proposal, and (V) Business Proposal. Id. at 137-39. The Technical Submission section included six technical subfactors for evaluation: (1) Ability to Meet Response Requirements, (2) Asset Management, Project and Maintenance Management System, (3) Business Licenses, (4) Operational Program Team Qualifications, (5) Training, and (6) Corporate Experience. Id. at 137-38.

The solicitation called for the use of lowest price technically acceptable source selection in accordance with Federal Acquisition Regulation (“FAR”) 15.101-2. Id. at 144; AR Tab 16 at 66379. As such, all the non-price sections would be rated as either “Acceptable” or “Unacceptable.” AR Tab 2 at 143-45. Only proposals rated “Acceptable” under all the nonprice factors would then be evaluated for price. Id. at 145. USMS would issue up to three regional Indefinite-Delivery/Indefinite-Quantity (“IDIQ”) contracts or one nationwide IDIQ contract to offerors with the “lowest evaluated price ... meeting or exceeding the acceptability standards for non-cost factors.” Id.; see also AR Tab 16 at 66379.

The Requirements for Business Licenses and Partnership Agreements

Under the Technical Submission factor, the solicitation required offerors to submit business licenses, or an application for such licenses, stating:

The Contractor must secure and maintain in a current status all required licenses and permits applicable to the lawful functioning within the locations listed in Attachments A, B, C and D [for the facilities covered under the solicitation in the Central Region, Eastern Region, Western Region, and Nationwide, respectively]—Tab 6. In doing so, the Contractor must furnish evidence to the Contracting Officer of a company license (state and/or local) authorizing the company to provide security installation services within that state and/or locality, or evidence of application for same with [its] proposal.

AR Tab 2 at 138. Amendment 1 to the solicitation expounded upon this requirement in a question-and-answer exchange, requiring “evidence of a partnership” from offerors planning on cooperating with other companies to provide services:

[Question:] According to the interpretation of the Licenses requirement stated [above], are you specifying that the contractor and its team member, which consist of other contractors are to provide its licenses? I would appreciate your prompt response to this question, so we can begin collecting the licenses from our other team members. Can you please clarify?
[Answer:] Yes, license information must be submitted as evidence that the Contractor is authorized to provide security installa[561]*561tion services within the state and/or locality, or evidence of application for the same with their proposal. If partnered with other companies to perform the work, then their license is to be submitted along with evidence of a partnership to provide services. [Section] H-7 [of the solicitation] has been modified to remove the reference to “permits”.

AR Tab 3 at 8378 (emphasis added).

Amendment 3 to the solicitation revised the Business Licenses subfaetor further to add the following: “[t]he Prime and any subcontractors are required to be licensed to provide security installation services in the states in which they propose to provide service under this contract. Offeror must furnish evidence of a company state license.” AR Tab 5 at 17792. The solicitation contained no additional information concerning the need to provide “evidence of partnership to provide services.”

Under the Ability to Meet Response Requirements subfactor, the solicitation provided:

For each Regional and/or Nationwide submission, the USMS will evaluate the Offer- or’s written narrative explaining how response times identified in the Statement of Work shall be met. The narrative must provide sufficient and convincing details that demonstrate the Offeror’s ability to meet all response requirements identified. Failure to provide sufficient detail to enable the Government to thoroughly evaluate the Offeror’s ability to satisfy the requirements specified may result in a rating of unacceptable and the proposal shall be excluded from further consideration.

Id. at 17805.

Early Submission Rounds, Evaluation, and Discussions

On June 6, 2012, USMS received proposals from four offerors—Sentrillion, Tyco, Die-bold, Incorporated (“Diebold”), and KS International (“KSI”)—for each of the three geographic regions. AR Tab 47 at 70390; see AR Tab 19 at 67063. All offerors, except Sentrillion, submitted a nationwide proposal in this round. AR Tab 47 at 70390; see also AR Tab 19 at 67065-66. Because USMS amended the solicitation nine times after the submission of proposals, USMS called on offerors to submit revised proposals by October 12, 2012, if necessary. AR Tab 47 at 70390; see also AR Tabs 7-15. Both Sentrillion and Tyco submitted revised proposals. AR Tab 17e at 66919; AR Tab 48 at 70402.

In evaluating the technical subfaetors, the Technical Evaluation Board (“TEB”) found Tyco’s proposals acceptable for all subfaetors in every geographical region. See AR Tab 19 at 67063-65.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Technik Inc. v. United States
Federal Claims, 2018
Vion Corporation v. United States
122 Fed. Cl. 559 (Federal Claims, 2015)
IBM Corporation v. United States
119 Fed. Cl. 145 (Federal Claims, 2014)
Am General, LLC v. United States
115 Fed. Cl. 653 (Federal Claims, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
114 Fed. Cl. 557, 2014 U.S. Claims LEXIS 32, 2014 WL 320572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sentrillion-corp-v-united-states-uscfc-2014.