In the United States Court of Federal Claims No. 20-449C Filed: September 12, 2020 Redacted Version Issued for Publication: October 1, 20201 * * * * * * * * * * * * * * * * ** * * ASSET PROTECTION & SECURITY * SERVICES, L.P., * * Protestor, * v. * * Post-Award Bid Protest; Motion to UNITED STATES, * Dismiss; Standing; Trade-Off Defendant, * Analysis. * v. * * * AKIMA GLOBAL SERVICES, LLC, * Defendant-Intervenor. * * * * * * * * * * * * * * * * * * ** * David T. Ralston, Jr. Foley & Lardner LLP, Washington, DC for protestor. With him were Julia Di Vito and Frank Murray, Foley & Lardner LLP, Washington, DC. Daniel B. Volk, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, for defendant. With him were Douglas K. Mickle, Assistant Director, Commercial Litigation Branch, Robert E. Kirschman, Jr., Director, Commercial Litigation Branch, and Ethan P. Davis, Acting Assistant Attorney General, Civil Division. Of counsel was Javier A. Farfan, Associate Legal Advisor, United States Immigration and Customs Enforcement. C. Peter Dungan, Miles & Stockbridge P.C., Washington, DC for defendant- intervenor. With him were Alfred M. Wurglitz and Annie M. McGuire, Miles & Stockbridge P.C. 1 This Opinion was issued under seal on September 12, 2020. The parties were asked to propose redactions prior to public release of the Opinion. This Opinion is issued with the redactions that the parties proposed in response to the court’s request. Words which are redacted are reflected with the notation: “[redacted].” OPINION HORN, J. In the above-captioned, post-award bid protest, protestor Asset Protection & Security Services, L.P. (Asset, also referred to as APSS) challenges the decision by the Department of Homeland Security, United States Immigration and Customs Enforcement (ICE) to award a contract to intervenor Akima Global Services, LLC (Akima, also referred to as AGS), arguing that the award was unreasonable, irrational, and arbitrary and capricious. FINDINGS OF FACT On August 22, 2016, ICE issued a request for proposals for services, Solicitation No. HSCEDM-16-R-00001 (the Solicitation), to operate a detention center in Florence, Arizona. The Solicitation begins: SOLICITATION FOR GUARD, FOOD AND TRANSPORTATION SERVICES – FLORENCE SERVICE PROCESSING CENTER, FLORENCE AZ *Offerors must propose price/cost in order to be considered for award. Offerors who fail to propose price/cost will be eliminated from competition and will not be considered for award. (capitalization in original). The August 22, 2016 Solicitation indicated that “[t]he price/cost will consist of one (1) Two-month transition period and one (1) Ten-month base period with seven (7) one- year option periods, followed by a six (6) months extension in accordance with FAR 52.217-8.” The Solicitation, as evaluated, had four evaluation factors: (1) Demonstrated Technical/Management Capability, (2) Past Performance, (3) Administration, and (4) Price.2 The December 19, 2019 Source Selection Award Decision Memorandum, as issued by the agency and signed by contracting officer serving as the source selection authority, explained: The four evaluation ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals