Free Administrative Record - District Court of Federal Claims - federal

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GA0
Office of General Coun.,~A
W~on, DC 20548

Facsimile Transmission Sheet
Number of pages, including this cover sheet:

Date:

August2,2005 B-296914 Protest of Olympus Building Services, Inc.

If transmission problems occur, please call 202-512-9710. Our fax number is 202-512-9749.

From: lacqueline Maeder, Senior Attorney

Name
Ruth Gannister Major Peter H. Tran Comments: None

Firm/Agency
Rosenthal and Ganister Department of the Army

Phone

Fax

610-430-6890 703-696-2825

610-430-6889 703-696-1535

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ROSENTHAL AND GANISTER
ATTORNEYS AND COUNSELORS AT LAW 31 TURNER LANE WEST CHESTER, PA 19380 (610) 430-6890 FAX (610) 430-6889 E-MAI L: [email protected]

August 3, 2005
Copy Via Telefax and Overnight Courier 202-512-9749

Jacqueline Maeder, Esquire Senior Counsel ONce of General Counsel Government Accountability Office 441 "G" Street, N.W. Room 1139 Washington, D.C. 20548 Attn: Procurement Law Control Group
Re:

Protest of Olympus Building Services, Inc. Solicitation No. HtlM402-05,R-0017 Bid ProtestNo. B-296914

Dear sir: Please be advised that this once represents Olympus Building Services, Inc. (herein "Olympus") ot'244 S. Main Street, NewHope, PA 18938-1212; telephone: (215)862-5066; fax (215) 862-7066 with regard to the afore-referenced solicitation and protest. By letter dated this date and enclosing a copy of the Contracting Officer's Notice of Corrective action, the agency has advised that it is taking corrective action with regard to the evaluation of offers under said solicitation. Accordingly, it appears that the issues raised by the protest may be mooted by the corrective action which the agency has indicated it intends to take. Therefore, on behalf of Olympus we herewith withdraw said protest subject to reinstatement should the agency not take the corrective action proposed. Sincerel E. Canister
CC:

Major Peter Tran, Esquire (via fax and regular mail) Tony Hipple, President (via faxand regular mail) Olympus Building Services, Inc.

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DEPARTMENT OF THE ARMY
IJNITED STATES ARMY LEGAL SERVICES AGENCY 901 NORTIt STUART STREET ARLINGTON, VA 22203-183"7 ("703) 696-2825; DSN g26; Fax ext. 153"7 E-n~il: [email protected]

REPLY TO ATTENTION OF

August 3, 2005

Contract Appeals Division VIA FACSIMILE Ms. Jacqueline Maeder, Esq. Office of the General Counsel U.S. Government Accountability Office 441 G. Street, NW Washington, D.C. 20548 Subject: Protest of Olympus Building Services, B-296914 Dear Ms. Maeder:
Enclosed please find a letter from the Contracting Officer indicating the Agency's intent to take corrective action. Based upon this corrective action, the agency requests that the subject protests be dismissed as academic. Dyna-Air Engineering Corp., B278037, Nov. 7, 1997, 97-2 CPD 11132.

If you have any questions regarding this matter, please contact MAJ Peter Tran at (703) 696-2825, facsimile (703) 696-1537. Sincerely,

Peter H. Tran Major, U.S. Army Trial Attorney Copies Furnished by facsimile: Protester: Ruth Ganister, Esq., Rosenthal and Ganister Telephone: (610) 430-6890; Facsimile: (610) 430-6889 Contracting Officer: Guy Torres, Defense Intelligence Agency, Virginia Contracting Agency

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Telephone: (202) 231-8077; Facsimile: (202) 231-2831 Field Attorney: LtCol Joe Treanor, Esq., Defense Intelligence Agency Telephone: (202) 231-2821; Facsimile: (202) 231-2831

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202 ~31 2831 P.82/82

UIRGINI~ CONTRACTING ACTY

DEFENSE INTELLIGENCE AGENCY Office'of the A~quisition Executive Building 6000, Bolling AFB Washington, D.C. 20340-5100

August 2, 2005 U-2053/AE-2A MEMORANDUM FOR brAJ Peter Tran, HQ, U.S. Army Legal Service Agency, Contract Appeals Division, Team I, ATTN: JALS-CAI, 901 North Stuart Street, Suite 500, Arlington, Virginia 22203-1837 Subject: B-296914; Protest of Olympus Building Services, Inc. Contracting Officer' s Notice .of Corrective. A~ti0n RFP HHM402-05-R-0017 (the "Solicitation")for the procurement of janitorial and custodial services for the Defense Intelligence Analysis Center (DIAC) and its new expansion building was issued on 14 April 2005. The So'licitadon closed on 13 May 2005. Nine offer~ were received in response to the Solicitation. Award was rnad~ to The Ravens Group, LLC, on 17 June 2005. Olympus Building Services, Inc. was debriefed on 12 July 2005. On 19 July 2005, Olympus filed a protest of the award with the Government Accountability Office (GAO) (B-296914). The Government has reviewed the allegations contained in the protest filed by Olympus Building Services, Inc. Although the protest is not clearly meritorious, the Agency has decided to take the following corrective action. The Agency intends to re-evaluate the nine proposals that were received at the close of the original submission deadline on May 13, 2005. Once the proposals have been re-evaluated, award may be made withotft discussions. If the Agency determines that discussions are warranted, a competitive range will be established and discussions will be conducted with all offerors within the range. Upon completion of discussions, offerors within the competitive range will be provided the opportunity to submit final revised proposals. In light of the serious detrimental impact that would result from work stoppage under the present awarded contract, current janitorial and custodial services will continue ualimpeded. If after the evaluation, another contractor is deemed the appropl-tate awardee, the contract with The Ravens Group, LLC, will be terminated for convenience and the appropriate offeror awarded a contract for the reminder of the services required. An amendment to the Solicitation will be issued implementing the corrective action at the close of the protest.

Contracting Officer

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TOTRL P.82

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HQ, U.S. ARMY LITIGATION CENTER DEPARTMENT OF THE ARMY CONTRACT APPEALS DIVISION, USALSA 901 N. STUART STREET, SUITE 500 ARLINGTON, VA 22203-1837 Tracy. [email protected] (703) 696-2850 phone (703) 696-1537fax

Date: Re: From:

August 3, 2005 GAO Protest of Olympus Building Services, Inc. (B-296914) Tracy Williams, Paralegal Specialist

NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 4 Name Jacqueline Maeder

Firm/Agency GAO Protester DIA Contracting Officer

Phone No.
202-512-4517 610-430-6890 202-231-2821 202-231-3613

Fax No. 202-512-9749 610-430-6889 202-231-2831 202-231-2831

Ruth E. Ganister
L TC Joe Treanor Guy Torres

MESSAGE
Accompanying this header sheet is the notice of corrective action for the above referenced protest. If transmission problems occur, please contact Ms. Tracy Williams, (703) 696-2850, DSN: 426-2850. Direct all other questions to Major Peter Tran, Trial Attorney at 703-696-2825 or DSN 426-2825.

Confidentiality Notice This facsimile transmission and/or the documents accompanying it may contain confidential information belonging to the sender which is protected bythe attorney-client privilege. The information is intended only for the use of the individual or entity named above. If you are not the intended redpient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of tiffs information is strictly prohibited. If you bare received this transmission in error, please notify this office immediately by telephone or arrange the return of documents.

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08/03/05 WED 13:10 FAX 703 696 1537

TX/RX NO INCOMPLETE TX/RX TRANSACTION OK

2974

(1) (2) (3)

9912025129749 9916104306889 9912022312831

ERROR

HQ, U.S. ARMY LITIGATION CENTER DEPARTMENT OF THE ARMY CONTRACT APPEALS: DIVISION, USALSA 901 N. STUART STREET, SLUTE SO0 ARLINGTON, VA 22203-1837 Traey. Willlams@ hqdaoarmy.mil (703) 696-2850 phone (703) 696-1537fax

Date; Re: From:

August 3, 2005 GAO Protest of Olympus Building Services, Inc. (B-296914) Tracy Williams, Paralegal Specialist

NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 4
Name

Firm/Agency
GAO

Phone No.
202-512-4517 610-430-6890 202-231-2821 202-231-3613

Fax No.
202-512-9749

Jacqueiine Maede'r' , Ruth E. Ganister L TC Joe Treanor

Protester
DIA

610-,#30-6889
202-231-2831

Guy Tones

Contracting.Officer MESSAGE

202-231-2831

Accompanying this header sheet is the notice of corrective action for the above referenced protest, if transmission problems occur, please contact Ms. Tracy Williams, (703) 696-2850, DSN: 426-2850. Direct all other questions to Major Peter Tran, Trial Attorney at 703-696-2825 or DSN 426-2825.

37
This facsLlldle traImm~sian and/or the docum~tts accompanying it may cuntain confidenthfl Information belonging m the sender which IS protected by the attoriley-dle~t ~rivile~c. The h~ormatlon IS Intended only for the u.~e ~f the Indlvldlml nr entity ~n~mc-tl

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Accountability * Integrity,

GAO

United States Government Acc.ountability Office

Washington, DC 20548

Ruth E. Ganister, Esq. Rosenthal and Ganister Major Peter H. Tran Depm-tment of the Army August 8, 2005 File: B-296914 Protester: Olympus Building Services, Inc. Agency: Department of the Army Solicitation No.: HHM402-05-0017 CONFIRMATION OF WITHDRAWAL The protest identified above has been withdrawn. We have closed our file without further action. -For the Senior Associate General Counsel

FOR FURTItER INFORMATION: GAO Attorney: Jacqueline Maeder; 202-512-9710 Case Status Calls: 202-512-5436; Fax Number: 202-512-9749

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~O~-530-STIT

DAVIS & STEELE
1 I00 l5th Street~ $~it~ 300 Washington, DC 20005

ATTORNEYSAT LAW

Telephone : (202) 530-5828 Facsimile : (202) 530-5717 E-marl : [email protected]~

June 29, 2005

VIA FACSIMII-~ & HAND DELIVERY Office of the General Counsel General Accounting Office 441 O Street, N.W. Washington, DC 20548

Contains Privileged and Confidential Information That the USAF Academy is Prohibited From Communicatin~,,to Any Party and is Protected from Release by the Trade Secrets Act, 18 U.S.C. 1905. Information in this Letter Will Also be Subject to by G~at'~. Order ff a Pr rive One is Issued

Attention:

Procurement Law Control Group
Protest of NOSLOT Cleaning Services, Inc. Under Defense Intelligence Agency Solicitation No. HHM402-05-R-@017

Re."

Dear Sir:
NOSLOT Cleaning Services, Inc. ("NOSLOT") through undersigned counsel, protests the decision of the Defense intelligence Agency ("DIA"), to award the above-referenced solicilafion
to an offeror other than NOSLOT. The Contracting Officer for this proetzrement is

Juanita Jones,

Virginia Contzacting Activity (AE-2A), 200 MacDill Blvd., Boiling AFB, DC 20340-5100. The Contracting Officer's telephone number is (202) 231-3613. A copy of this protest is being sent
by facsimile ((202) 231-2831) and by ovenfight mail to the Contracting Officer.

Jurisdiction NOSLOT first ]earned of the info .rmadon upon which this protest is based, including the prejudice to NOSLOT, on June 27, 2005. Because this protest is being filed within ten (10) days oflNIOSLOT's receipt of Lrfformation upon which this protest is based, the protest is timely. 4 C.F.R. § 21.2(a)(2). Protected Information To Be Disclosed Only In Accordance With United States Court of Federal Claims Protective Order

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LAW Og~s

DAVIS & STEELE
CONTAINS PROTECTED INFORMATION SUBJECT TO GAO PROTECTIVE ORDER Office of the General Counsel June 29, 2005 Page 2

NOSLOT is an interested party, as defined by 4 C.F.tL § 21.0(a), to file this protest because NOSLOT is an actual offeror whose direct economic interest is affe~ed by the DIA's failure to award the contract to NOSLOT. NOSLOT challenges the DIA's failure to insist upon strict adherence to the solicitation requirements and its relaxation of the requirements for the purported awardee.

IL

Fa~'-ua I Ba~u,nd

On April 14, 2005 the Defense Intelligence Agency (°'DIA") at Bolling AFB issued Solicitation No. HI-IM402-05-R-0017 (the "Solicitation") for custodial services. The S01ieitation calls for the contractor to provide all personnel, labor, equipment, tools, supplies, supervision, materials and other items and services necessary to perform Custodial Services at the Defense Intelligence Analysis Center ("DIAC") located at Boiling Air Force Base ("AFB"). See Solicitation at 2.
The Solicitation required offerors to have twenty percent of security clearances approved before contract award. Specifically, the solidtafion stated:

Before award of the contract the contractor shall have 20% of their security clearances approved as required for performance ofthls contract. This requirement can be waived only if the contractor has ample cleared personnel to escort cleaning employees to fully satisfy all cleaning objectives. ld. at 6 (emphasis original).

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202-530-5717

LAW O~CF2i

DAVIS & STEELE CONTAINS PROTECTED INFORMATION S~CT TO GAO PROTECTIVE ORDER
Office of the General Counsel 3une 29, 2005 Page 3

In addition, offerors were required to provide a proposed service schedule that would include all areas in the scope of work and assure timely cleaning. According to the solieitation~ "This schedule will include quality control inspections, periodic cleaning time tables (frequencies) and supply inventory control. Final bids will include the proposed sercice schedule." ld The Solicitation required offers to be submitted by May 13, 2005. NOSLOT timely submitted ils proposal. Subsequently, on June 22, 2005, NOSLOT learned that another offeror, The Ravens Group, LLC, (TR_G") was on site at Boiling AFB, surveying the area and preparing to commence work. NOSLOT also learned lhat TRG di3es not have the requisite 20% cleared personnel to comme~c~ work.

NOSLOT to date has not received any notification regarding the out'me of the procurement. Despite repeated attempts via telephone and email to receive information from the Contracting O~eer (see, e.g., emal! message from Mr. To/son to Juanita Jones, dated June 22, 2005, attached hereto as attachment 1), NOSLOT has yet to be advised of the final procment decision. However, the presence of TI~G at Boiling AFB, and the fact that TRG is a!ready preparing to commence performance compels the conclttsion that DIAC has decided to award the contract to TRG. On information and belief, TI~G does not have the requisite 20~ approved security clearances, nor does it have ample cleared personnel to escort cleaning employees. The

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202-530-5717

LAW

DAVIS & STEELE
CONTAINS PROTECTED INFORMA~ON SUBJECT. TO GAO PROTECTIVE ORDER Office of the General Counsel June 29, 2005 Page4

solicitation required that these requirem~ats be met before contract award. In addition, it is doubtful that TRG submitted a thorough service schedule as required by the solicitation. Moreover, TRG lacks sufficient past performmace. Under the circumstances, any award to TRG would be improper. Accordingly, NOSLOT's protest must be sustained.
HI. Protest Grounds DIA Performed an Improper Technical Evaluation of TRG's Proposal via fi vis NOSLOT's Proposal In addressing the evaluation criteria for award, the solicitation provides: Non-price factors (Technical and Past Performance), when combined, are more important than price. Of the non-price factors, technical is more important than Pazt Performance. Solicitation, at 43.

In addition, in the criteria for contract award, the Solicitation states, in Section B, Management Area, that contractors were to, "Furnish separate evidence and rosters to show that 20% of the work force will have their security clearances at the start of work as required by the Statement of Objectives." Solieilation at 43. It is highly unlikely that TRG has met the solicitation requirement to have 20% cleared personnel prior to the awm-d of the contra~t. The incltmbent personnel signed exclusive commitment letters with lqOSLOT. Thus, TRG could not have truthfixlly represented that the existing incumbent oleared personnel would be available to work for it. Hence, TRG could not have provided reliable evidence that the existing incumbent work force would be used to satisfy the 20% cleared personnel requirement. Moreover, there is a scarcity of available custodial workers with a level 6 security clearance. Conzequenfly, it is highly unlikely that TKG has been

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20~-530-5717

DAVIS & STEELE CONTAINS PROTECTED INFORMATION SUBJECT TO GAO PROTECTIVE ORDER Office of the General Counsel June 29, 2005 Page 5

able to obtain, prior to contract award, the requisite 20% cleared personnel. For the same reasons, it is highly malikely that TRG has ~'ample clear~ personnel to escort cleaning employees" as required by the solicitation. By contrast, NOSLOT provided evidence and rosteas to show that 20% of the work force would have their security clearances prior to contract award. NOSLOT provided evidence in the form of commitment letters t~om incumbent personnel as well as information on additional employees that would b~ available to work at the DIAC. Clearly, DIA has placed significant emphasis on compliance with the technical requirements of the solicitation. An offer that satisfies the technical requirements of the solicitation must be rated higher than an offer that does not. Although agencies maintain broad discretion in the manner in which they conduct their technical evaluations, GAO will overturn agency evaluatiorm that it determines are unreasonable. See, e.g., Programmatics lnc. B228916.2, 88-1 CPD ¶ 35. As demonstrated herein, DIA's technical evaluation of NOSLOT's technical proposal vis-it-vis TRG's was improper and unreasonable. Consequently, DIA's evaluation cannot-be allowed to stand.

NOSLOT submitted a detailed, logical, and comprehensive teelmieal proposal which should have been evaluated as superior to. TRG's~ particularly for the subfaetors comprising the tecfinical proposal: Understanding and Compliance with Requirements and Soundness of approach, For this mason, NOSLOT's protest should be sustained.

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LAW OFFICES

DAVIS ~ ~TEELE CONTAINS PROTECTED INFORMATION SUBJECT TO GAO PROTECTIVE ORDER Office of the General Counsel June 29, 2005 Page 6

B. DIA Did Not Properly Evaluate TRG's Proposal for the Past Performance Evaluation Criteria The RFP required offerors to identify past performance on contracts involving similar work ttmt the offeror has held within the past three years, and similar contracts currently in progress. Solicitation at 41. NOSLOT's proposal demonstrated substantial significant experience in providing custodial services at Government inst~llations like the DIAC at Boiling AFB. NOSLOT has over two decndes of experience in providing custodial services at Govemnaem inst~lations.

TRG, in stark eontms~ is a management consulting concern whose principal business involves providing administrative management and general management con,suiting services. See Dun & Brads'treet Report, at 5, ~ed hereto as attachment 2. They have no demonstrated expertise in the area of custodial services. With this procurement, TRG would be foraying into new territory, whereas NOSLOT has experience identical to that called for by the solicitation. Given that NOSLOT possesses requisite eXl~rrienee while Tt(G has no identical, or even

substantially similar experience, there is no r~fional basis for awarding the procurement to TRG rather than NOSLOT. See, NavCom Defense Electronics, Inc., B-276163, 97-1 CPD ¶ 189. For dais additional reason, this protest must be sustained.

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DAVIS & STEELE CONTAINS PROTECTED INFORMATION SUBJECT TO GAO PROTECTIVE ORDER Office of the General Counsel June 29, 2005 Page 7

C.

Conclusion and Relief Requested

Bmsed on the above, it is clear that the DIA's decision to award to TRG lacked any reasonable basis. Furthermore, the award to TR.G was in violation of law. Aceordingly~ NOSLOT respectfully requests:

Thin the DIA produce the documents listed on the "Request for Documents" listed below. ii. A hearing on this protest, which is necessary to show the inconsistency between
the DIA's evaluation of the NOSLOT and TRG proposals.
111.

A ruling by the Comptroller General sustaining this protest and recommending award to 1NOSLOT or that the DIA perform a proper technical evaluation of the competing proposals and make a new, best value awm'd decision. Attorneys" fees and related protest costs. Other relief that the Comptroller General deems appropriate.

D.

Request for DocumentsI

Pursuant to 4 C.F.R. § 21.3(c) and § 21.3(e), the protestor requests that the contracting agency be required to provide, in addition to those documents and reports required to be provided pursuant to § 21.3(e), the following documents: i, The Government's independent estimate of pricing.

~ "Document" or "Documents" refer to, and include, but are not limited to, the following items, whether printed or recorded or reproduced by any other mechanical process, or written or produced by hand: communications, hearings and reports, correspondence, telegrams, memoranda~ summaries of records of meetings or conferences, summaries or reports of evaluations or negotiations, opinions or reports of consultants, photographs, video tape, emails, dm~, letters, any marginal eornments appearing on any documents, and all other writings.

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CONTAINS PROTECTED INFORMATION SUBJECT TO GAO PROTECTIVE ORDER Office of the G~neral Counsel June 29., 2005 Page 8

All documents concerning, relating to, or reflecting the evaluation notes and scoring sheets of the proposals of the protestor and TRG for all evaluations, including the initial evaluations and the re-evaluations. All documents oonceming, relating to, or reflecting the contemporaneous evaluation narratives and the ratings of all evaluators with respect to the proposals of NOSLOT and TRO;
iv.

All documentation concerning, rolating to, or reflecting the evaluation of the NOSLOT and TRG proposals; A copy of all letters requesting clarification or discussions with any offerors of this solicitation; Copies of all written correspondence, including meeting memoranda or written oral discussions with all offerors;

vii.
VIlI.

All rope recordings and/or transcripts of all meetings and/or discussions with all offerors; All documents concerning, relating to, or reflecting the source selection plan used in the source selection process; All documents concerning, relating to, or reflecting the evaluation plma used in the source selection process; All documents concerning, relating to, or reflecting the information used in making the source selection decision; All doeument~ concerning, relating to, or reflecting any best value analysis

performed by the agency;
All other documents concerning, related to, or reflecting the source selection; All documents concerning, related to, or reflecting recommelldations and revisions thereof to or by the source selection authority; xiv.
XXt.

All communications to and from the source selection authority; and All drafts or revisions of any of the documents requested in items I through xiv.

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p.lO

JB~{~e Davis

~0~-530-5717

DAVIS & STEELE CONTAINS PROTECTED INFORMATION SUBJECT TO GAO PROTECTIVE ORDER

Office of the General Counsel June 29, 2005 Page 9

E. Request for Protective Order In aeeordmace with 4 C.F.R. § 21.4, NOSLOT requests that GAG issue a protective order in this protest.

Respectfully submitted,
Janiee Davis Counsel for NOSLOT Clemaing Setwices, Inc. DAVIS & STEELE 1100 15t~ Street, N.W. Suite 300 Washington, DC 20005 Phone (202) 530-5828 Fax (202) 530-5717 Enclosure co: Juauita Jones, Contracting Officer

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JaniCe Dauis

ATTACHI~ENT 1

Janice Davis
From: David Tolson [[email protected]] Sent: Wednesday, June 22, 2005 1:51 PM To: 'Jones, Juanita' SubJe=t: Follow-up Regarding Janitorial Requisition #44810114ZJ05 Hi Ms. Jones, I have heard a =rumor" that the above referenced c~ntract has been awarded, if so, when do you expect to send out the offidal notice of award? And furthermore, please let this serve as an official notice for a debriefing for NOSLOT Cleaning Services, Inc. if it has been awarded. We can do the debriefing by telephone if it is more convenient; however, I would like to have it before July 1, 2005, since I will be on travel for about 10 days. Sincerely, David R. Tolson 301 -'704-3309

6/29/2005

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¯ D&B "Comprehensive Insight Plus Report: RAVENS GROUP LLC, TEE

Small Business Solut ions

Comprehensive Insight Plus Reporl for RAVENS GROUP LLC, THE Report Printed: Juno 29, 2005

D-U-N-S #: 01-377-8225

[I, Pdnt this report b To save t~l~ report t~ your PC: Sele~ File and then ,Save As from I~e browser menu bar_ Click on Ihe Save in: drop-down menu and select a location for y~ur file. Enter e fie name and save the report as a .hfml or .txt file. Copyright 2004 Dun & Bradstreet - Pm~ided under contract for the exclusive use of subscriber Janice Davis, Davis & Steele Company Snapshot Cred)tworthiness Payment_Hist0~ & Trends Public Filings History & Opera,one Banking &Ftnance

Company Snapshot
Business Summary
Pmfile RAVENS GROUP LLC, THE 1101 Pennsylvania Ave Nw Washington, DC 20004 Tel: 202 756-4556 .www.theravensgroup.com D-U-N-~ #; 01-3~225 D&B R~ing: ~ Company Stat~ Year ~tad~d 2000 3 SECURED GOOD ~ 31, 2~ ~1G,707 ~,1~.~ d~ N Bal~rd, Mem~r 8748 8742 Likelihood this company will not pay on tlme ov~r the next 12 months

MODERATE z~

Credit Scorn Glass: 3

LOW

Moderat~

Prgh

Likelihood this company will experience financial distress in the ~ext 12 months

LOW
4 5 ~

IVlanagement contrd
~ployees R~iag R~nc~l cond~on Fins~ial ~ent da~ Natw~ F ~les F Chi~ ~ec~ S,LC.

~1

1 Low

2

3 Moder~

Industry Busines~ ~ns~lffng styx, management cor~ulting srv~s, building rnainl~m~nce styes ~ This is a single Ioc~tian.
"'Based on 3 ~'ade experiences on file with D&B

The Net worth amount In this se~ion rn~y have been adjusted by to r~flact typical deductions, such as ce~ln intangible assets,

D&B offers guidance on credit limits for this company based on its profile as v~ll as profiles of other companies similar in size, Industry, and credit usage
E~dence of bankruptcy, fraud, or criminal proceedings

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YES ~ T~I nu~r ~ su~, i~ns and judg~n~ in Valu~ of o~n au~, l~na and ju~n~ for Valu~ of ope~ r~s refe~ oaly to 10 most recenf flings for ea~ re~rd ~.

Company Snapshot Creditworthiness Payment History& Trends Public F(lings History & Operations Banking & Finance

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D&B Comprehensive Insight Plus Report: RAVENS OROUP LLC, THE

Creditworthiness
Summary
L~,elihood 'b~ls company w~ll experience financial dlstJ'eS'S in ~e na~ 12 mon~; Ukelihood thi~ company will not pay en tJn~ ever me rlext 12 iT=ordUre

LOW~

D&B R~Ung: 2A2 Flnallc~at strength: 2A Is $750,000 Io I tallish. ~m~s~e ~11 app~l~l: 2 is This ~edlt ~ng wa~ assign~ b~ause of O&B's a~s~nl of Ihe ~mpan~s finan~al relies and its ~sh flow. For more Info~a~on. s~ ~e D&B Raling Key.

Default on Payment: Financial Stress Summary
Likelihood this company will the next 12 months Financial Sl~.s Class: 1 LOW ~ Key Factors - 3 trade experlencBs exist for thi= company. - Financial Stress Score: 1521 (high risk: 1,001;Iow risk: - No record of open su~s), lien(s), or judg~rmnt(s) in the D&B files. - 33% of l/ads experiences indk:af~ slow payment(s) are present. - Control ag~ or date entered in D&B files indicates higher dsk. - D&B files indicate a net worth of $816,707.

1,850)

1 2 Low

3 Moderate

4

5 High

During the pdor year, l~rms in this Financial Stress Class had a failure ~al~ of 0.49%, which is 0.35 times lower than the national Financial s'lTess national pen:;enfile: 91 (h~h ~: 1%: ~ ~: ~onal ~r~le indu~ no~: 50 (high risk: 1%; low ~k:

~oo%)

Payment within Terms: Credit Score Summary
Likelihood l~b compaw will not pmj on time ever the next 12 CrBdit Scorn Class: 3 Key Factor~ - 3 trade experianoss exist for this company, - 33% of f~de experien~ indicatB slow payment(s) present. -No record of:open .~Jit(s), lien(s) or judgment(s) In the

1 Low

3 Moderate

4

~; Hkjh

- Control age er dat~ entered in D&B flies indicates higher risk. - D&B files indicate a net worth of $816,707. - Business does not own

~ Ctl~lit ,.~:oFa c~ass of 3 for l~is company ~o~ ~t dud~ ~ pm~s ~r, 12.3% of ~e fi~s ~ ~ ~~n ~id o~ or mo~ bil~ ~vemly deli~uent, ~hi~ national C~it ~m ~r~n~: 51 (h~h ~ 1%; I~ ~ 100%) lndus~ no~ ~nt~: ~ (h~h d~ 1%; I~ ~: 100%)

Additional Information
Financial S~ Summary - The Financial Stress Class indicates ~hat t~is firm shams ~er ~mpa~ ~ ~ d~n. Itd~s not fi~ ~11 n~ly e~n~ finan~al st~s. - ~e lndden~ of Finan~al S~ sh~ the peonage of ~s in a g~n C~ ~t di~n~n~ ~ o~r Stm~ - N~onal Avenge mp~n~ ~e naS~nal ~ilum a~ ~s pr~d~ for comprise - ~e FinanCe) S~ National Per~nti~ mf~c~ ~e mla~
Credit Score'Summary - The Incidence ef Delinquent Payment is the percsntage of c~mpanies with th~s desecration that were reported 90 days past due or more by credito~. The caJcula'do~ of this value is based on an Inquiry weighted sample. - The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th perc~tile has a Io~er ~ of paying in a severely delinquent manner than 79% of all scorabte companies in D&B's files.

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3on .29 O~ 01=47p Janice Davis 202-530-5117 D&B Comprehensive Insight Plus Report: RAVENS GROUP LLC, THE

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ranking of a company among all scorable companies in D&B's file. - The Finar~al St~.ss Scorn off~m a more pmcL~ meagre of the lave( of risk than the Clas~ and Per~en@le. It is espedally helpful to customers using a scorecard approach to determining overall business i:~rformance, -JUI Financial ~ Class, Parcenti~. ~cora and trm~denoe statistics are based on 2002.

.Company.Snapshot Creditworthiness Payment History & Trends Publ c Filipgs History_& Operatiqns Banking & Finance

Payment History
Summary
Average payment performance tn~nd when ~lght~l by dollar amount

UNAVAILABLE Company~ payrrvmt psrfonnance over U~e past t2 months compared with it= peons

UNAVAILABLE

Payment History Overview
Peyr~ent experience= on file with O&B: Payments made w~thin terms: Amount placed for col/actions: 3 NJA 0 (0%) Average highest credit: Largesl high cced~t: Highest now owing: Highest pa~t due: $2,500 $50 $0

D&8 ha~ not r~oei~l a suffic{ent sample of payment experiences to establish a PAYDEX score.

Payment History Details
Date Reported Paying Record I High Credit ($) Now Owes ($)

I
05/05
Slow 5 Prompt 100

Past Due ($| I Seging Terms Last Sale Vl/'dhin

I

(months}

5O
0

0

l~et30 .........

o

4-5

Payment experiences reflecl how bills are met in relation to the terms granted. In some instances payment beyond terms can be 1he result of d|sput~" over merchandise, skipped invoices, etc. ~ach experience shown is from a separate supplier. Updated Irade experiences replace lhose prev~ous/y mpo~lad.

Compa.ny Snapshot CrediWvorthiness .Payment HislDry &_Trends Public_Filings H~story & Opprations Banking & Finance.

Public Filings
Summary of Court Actions
The following data includes bof~ open and clo~ed filings found in ID&B's databa=;e on the subject company. Record Type Open Records Open Value Total Records Most Recent Filing Date Suits I_Jaws Judgments UCC F, tlinga Bankruptcy Proceedings 0 O 0 3 0 0 O 0 N/A WA 0 0 0 3 0

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filing data is for informalional purposes only and is not the official record. Certified copies can only by obtained from the effidal source. Number and value of open records refers only to 10 rno~t recent filings f~r each reco~ type.

Special Events 0.~/1912005 The Chief Exe~Jtive (~fic~r i~ now Joe N Ballard, Member.

UCC Filings
Collateral A}I Inventory and proceeds All Account(s) and proceeds - All General intangibles(s) and proceeds - All Equipment and proCeeds All Chaflel paper and proceeds Type Sac. Party Original ACACIA FEDERAL SAVINGS BANK. FALLS CHURCH. VA Debtor THE RAVENS GROUP. LLC Daf~ Filed Additional Det~lils 09/27/2004 Filing number:. 4269761 5 Filed with: SECRETARY OF STATE/UCC DIVISION. DOVER, Lalest info Received: 1012112004

All Inventory - All Account(s) Original - All General intar~glbles~s) All ~Equipmeet - All Chattel paper

ACACIA FEDERAL THE RAVENS S/:kVINGS BANK, GROUP. LLC FALLS CHURCH, VA

Original BRANCH BANKING THE RAVENS Accounts receivable including proceeds and AND TRUST GROUP. LLC products - Account(s) COMPANY. including proceeds and COLLEGE PARK. products - Col'nputer MID equipment including proceeds and products The public record Items contained in this rep~d may have been paid. terminated, ~acatm~ or ~eleased pdor to the date ~is report was printed. Any public Mings displayL~ In red ere open,

0911612004 Filing number: 2004128324 Filed with: FINANCE & REVENUE DEPT, WASHINGTON, DC Latest into Received: 11/22/2004 0610712002 Filing numbs, r: 2167153 0 Filed with: SECRETARY OF STATE/UCC DIVISION, DOVER. DE Latest info Received: 08/22,'2002

Government Activity
Activity' Summary Borrower (DidGuar) Administ]-al~va Debt Contractor Granlee Party Exciud~,d from Federal I:~ogram(s) No No Yes No No Po~lble Candidate for ~ocio-Ecoeomic Program Co naideral~on Labor Surplus Area Small Business 8(A) Firm Yes (2005)

The details provided in Ihe Govemmenl Activity section are as reporled Io D&B by the federal govemmenl and olher sources,

Company S.napshot Creditworth(ness Payment.History & Trends

Public Filings

Histo.~ &.Operatians

Banking & Finmbce

History & Operations
Topic Description
Delailed information on the h~story of a company, Including background inforrna~on on the management team end key principals, and information on r~lated companies. Detailed information on a ¢ompany:s operations, Including ~e identity of the parent company, ~e geog|-aphic scope of the business, and the key holdings,

Industry

Det~i~s on t~e specific industry within which a company Ps classified.

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D&~ Comprehensive l~i~J~t Plus Report: RAVENS GROUP LLC, ~

History
Officer(s): Dir~=ctor(s); JOE N. BALLARD, PRES-CEO THE OFFICER(S) Corporate Details unavailable. Business staded 2001. 100% of capital stock is owned by Joe N. Ballard. JOE N BALLP~D born 1942. 2000 prt~J~nt activa hem. lg9~2~ ~ ~s ~ Chef ~e ~ ~r ~.S ~y ~~. He gmdua~ ~ a ~lor ~S~n~ d~ in ~1 engi~ng ~m Sou~em Un~. He also ~ h~ M~ ~ in Engin~ring Management ~om the Uni~i~ ~ Mi~oud.

E~siness address has changed from 1201 Pennsylvania Ave N.w., Suite #300, Washington, DC, 20004 to 1101 Pennsylvania Ave 61tl Floor, Washington. DC, 20004.

Company Operations
DescHptlon: Engaged in business consulting services. Provides management consulting servicoa, Net 10 days atxI contractual basis. ,Sells to corrnTlercial concerns.

Employs:
Facilities:

3 which includes officer(s).
1,494 Sq. ft. on 7th floor of 11 stoq/conc~te block building.

Industry Classification
sic 87480000 Bt~siness c~nsult~ng, nec
87420000 M~nagement consulting s~r'vic~s 541S1 ;I Administra~ve Management and

Based on InfaflT~atlorl in oul' file, D&B has a~|gned this company ~tn extended ~-dig~t SIC. D&E~'s use of I~dig~ S~Cs ~nal~1os t~s to be more specific Io e company's operations than if we use the standard 4--digi! code. The 4-digit SIC numbers link to the description Oll the Occtlpalional Safety & Health Adminislrafion (OSHA) Web site. Links open In a new browser window.

Company_,bnapshot Creditwodhlness Payment History.& Trends Publ{c Filings Hi~tory &.Operations IE~nking_& Finance

Banking & Finance
Statement Update
05/23/2005 Fiscal ~]tl~ment dal~)d DEC 31 2004: Liabilities /kects pay Bank loans CreKbit c,'~rds payable Tax~s Tolal equip lease payable Loan p ayable-insuFance/o~her Other curt liabs $1,733,731 Current Liabilities

53
257,290 8,303 636,478 82B,182 3,478 109,492 92,062 84,336 23,75:2 5,520 104,183 489,BB7 $909.232

Cash Con!/acts receivable Unbi,ed revenue Prepaid

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Jan~ce ]3avi~

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FL~L & equip Loan to officer

121,937 58,588 13,306

Loan payable.company/bank ToLl equipment lease payable Addit. ixL.-in cap Member distribu~on Retained eaming~ Total Liabilil~es

191,987 9.636 155,875 (31,500) 692,332 $1,927,562

Total

$1,927,562

From JAN 01 2004 to DEC 31 20O4 annual ~ate~ $2,164,3B0; cost of goods sotd $1,097,821. G~x~ss profit $1,1~66,559; operating expenses ~1,007,456. Operating ~ncome $59,093; other expenses $17,807; net income before taxes $41,287'; net incom~ $41,287. Extent of audit, if any, not indicated. F"~I ~ shown net ~ $34,30B depmcial~on.

Key Business Ratios
Statement date: Dec 31 2DD4 Industry Nornm based on 43 es, tabllshments This Bunlne~ Pm~bil~ Ream on Sal~ Ream on Not Wo~ Sho~-T~m ~ Cur~n~ Ra~o Qul~ Ratio E~on~ ~ ~1~ Sales / Net Wo~ing ~pi~l UOl~on 1.9 5.1 1.9 1.9 89.1 2.6 Indu~ Median 2.7 16.5 2.1 1 .B 39.7 4.9 Indus~ Qua~la 3 3 3 2 4 4

Finance
OS/19/2rigs One-year slab~mont compara/~re: Fiscal Dec 31 2003 Current Assel~. Cum~nt Liabs Current Ratio Working Capital Other Assets Net Worth Sale~ Long Term Liab Net Profit (Loss) 1,240,139 249,056 4.98 991,083 67,950 805,420 994,85g 253,613 711,071

F~scal statement dated DEC 31 2003: Assets Cash Acc~ re~ Liabilities 105,831 Accl~ pay 5,826 Equipment lease payable

54
104,068 1,336

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D~B Comp~hensive I~i~t PI~

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Contracls mc Unbilled revenue Prepaid Currant Asaet~ Fixt & equip Loan to officer Deposits Total ~

207,948 917,74B 2,786 $1,240,139 39.898 15,079 12,97"3 $1,308,089

Accruals Taxes Loans payable Line of Current Liabilities Note/lean payable Equipment lease payable AddiL pd.-in cap Retained earnings Total Liabilil~es

2,515 12,597 70.130 $249,056 242,857 10.756 155.875 649.545 $1,30B,08g

From JAN 01 2003 to DEC 31 2003 sale~ ~9<-,859; ~ of goods sold $~6,9.51B. Gross profit ~897,901; op~ra~ing P__.xpeoses $186,B30. Operat~r~l income $711,071. Net income ~W'I 1,071. Submitted JUL 15 2004 by Irma Hilado, Controller. Prepared from statement(s) by Accountant: Unknown. Accountant's Opinion The financial stakarnent was r~viewed by the accountanL Fixed at:reels showrl net less $12,140 depreciation. On May 11,2005. Joe N Ballan~l, Member, cor~firmed company name, address, principals, annual sales and opera, oriel inforrnalio~ using Dun & Bradsb'~--~s Inl~met-ba~='d update method (eUp,date) at www.dnb.com.

Company_Snapshot

Creditworthiness payrnenl History..&.Tr.ends

Public Filings

History & Operations.

Banking_& Finance

Customer Service Emai! us with your questions at [email protected] If you'd like t~ speak to one o~ our member support ta.chniciens direc~Jy, call toll-rise 1-~G~v-472-73fi2, Monday thmuflh Friday, 7:0QAM to 7:00 PM CST If th~s is a report on your own company use eUpdate, our e.~asy online t0ol, to inform D&B of any changes to your busin~s information. I1= print this. report b To save t~is report to your PC: Selec~ File and then Save P.s from ~ browser menu bar. Click on the ~;ave in: drop-clown menu and select a location for your file. Enter a file name and says the report as a .html or .txt file. Copyright 2004 Dun & Bradstreet- Prov~lad under c~nlract for f~e exclusive use of subscriber danic~ Davis. Davis & Steele

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DEPARTMENT OF THE ARMY
UNITED STATES A1LMY LEGAL SERVICES AGENCY

REPLY TO ATTENTION OF

901 NORTH STUART STREET ARLINGTON, VA 22203-1837 (703) 696-2821 DSN 426; Fax ext. 1537 E-mail : [email protected]

July 1, 2005 Contract Appeals Division Mary Curcio, Esq. Office of the General Counsel U.S. Government Accountability Office 441 G. Street, NW Washington, D.C. 20548 Subject: Protest of NOSLOT Cleaning Services, B-296741 Dear Ms. Curcio: Pursuant to 4 Code of Federal Regulations ("CFR") § 21.3(b), enclosed please find the Army's motion to summarily dismiss the subject protest. A copy of this motion has been sent to Janice Davis, Esq., counsel for NOSLOT Cleaning Services (hereafter "Protester" or "NOSLOT"), on this date. This motion does not contain protected material. Any comments by the Protester regarding this motion should be sent directly to your office with a copy forwm'ded
to:

MAJ Peter H. Tran Contract Appeals Division, Team I ATTN: JALS-CA 901 North Stuart Street, Suite 500 Arlington, Virginia 22203-1837 This protest concerns a solicitation for custodial services for the Defense Intelligence Agency ("DIA"). The protest is premature because it has been filed before the debriefing date offered to the Protester. Accordingly, we ask that this protest be summarily dismissed. We

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believe this motion is well founded and if granted will dispose of this protest. As such, we do not plan to file a formal Agency Report unless so directed by the GAO. FACTUAL SUMMARY 1. On June 17, 2005, the Virginia Contracting Agency awarded Contract No. HI-IM402-05-C0026 to The Ravens Group, LLC. (Exhibit 1) 2. On June 22, 2005, before receiving official notice from the Agency of the award, NOSLOT request a debriefing from the Agency. (Exhibit 1) 3. On June 27, 2005, official notice to unsuccessful offerors was sent out by the Agency. (Exhibit 1) 4. On June 30, 2005, NOSLOT was notified of a debriefing scheduled for Friday, July 8, 2005 at the Defense Intelligence Analysis Center. (Exhibit 1) 5. 4 C.F.R. § 21.2(a)(2) provides: Protests other than those covered by paragraph (a)(1) of this section shall be filed not later than 10 days after the basis of the protest is known or should have been known (whichever is ea'lier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. (Emphasis added.) ARGUMENT This protest must be dismissed because it is premature. It is well settled that the GAO "will not consider a protest conducted on the basis of competitive proposals where a debriefing is requested and required, if the protest is filed before the debriefing date offered to the protester."

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4 C.F.R. § 21.2(a)(2); Pentec Envirnonnwntal, Inc., B-276874.2, Jun. 2, 1997, 1997 CPD (][ 199; The Real Estate Center, B-274081, Aug. 20, 1996, 1996 CPD 7[ 74. Here, the Protester is scheduled to receive its debriefing on July 8, 2005. Any protest filed before that date is premature. As the GAO has clearly stated that this rule is designed to encourage "meaningful debfiefings and to preclude strategic or defensive protests, i.e. protests filed before actual knowledge that a protest exists or in anticipation of improper actions by the contracting agency." The Real Estate Center, supra. Quite simply, this protest is premature and must be dismissed. CONCLUSION WHEREFORE, for the reasons set forth above, the Arlny respectfully requests that this protest be summarily dismissed. If you have any questions regarding this matter, please contact Major Peter Tran at (703) 696-2825; facsimile (703) 696-1537. Sincerely,

Peter H. Tran Major, U.S. Army Trial Attorney Contract Appeals Division Copies Furnished by facsimile: Protester: Janice Davis, Esq., DAVIS & STEELE Telephone: (202) 530-5828; Facsimile: (202) 530-5717 Contracting Officer: Guy Tortes, Defense Intelligence Agency, Virginia Contracting Agency Telephone: (202) 231-8077; Facsimile: (202) 231-2831

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Field Attorney: LtCol Joe Treanor, Esq., Defense Intelligence Agency Telephone: (202) 231-2821; Facsimile: (202) 231-2831

4

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AGENCY
EXHIBIT

1

60