Excelsior Defense, Inc. (B-423106)

You should not care.

Category: Compliance

Date: 16 January 2025

URL: https://www.gao.gov/products/b-423106

Excelsior Defense, Inc., a service-disabled veteran-owned small business, protested its exclusion from an RFQ for unarmed security guard services at the Orlando, Florida VA Medical Center. Excelsior was excluded for failing to include a signed limitation on subcontracting (LOS) certification, a mandatory requirement under VAAR § 819.7004. The protester also challenged VA's evaluation of the awardee's compliance with the solicitation.

The solicitation was issued under FAR Subpart 8.4 and required LOS compliance to be certified with the quote submission. Excelsior failed to sign the required form and claimed this was an administrative error, arguing VA should have allowed corrections. GAO held the LOS certification as a material requirement, concluding the VA acted reasonably by excluding incomplete submissions. Furthermore, GAO rejected Excelsior's contention that the awardee lacked a valid Florida security license, finding that the license submitted met the solicitation’s requirements.

The protest was denied.

Digest

1. Protest challenging protester’s elimination from competition is denied where agency reasonably excluded protester for failing to submit a signed limitation on subcontracting certification.
2. Protest challenging agency’s evaluation of awardee’s quotation is denied where agency’s evaluation was reasonable and consistent with the terms of the solicitation.