Free Administrative Record - District Court of Federal Claims - federal

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Via Tclel~x and Ovcrrllght Courier 12-9740
General C'ounscl Govemnmnr Accountsbility Office ROom 1139 ' W~hing~on, D.C. 20548

Atln: Pro~-u¢¢me.nt Law Control Group

Dear sir;

Ple&se b¢ advised ~hal lhis ot~o rCpr¢5~'lltS Olympus Buildin~ Services, 1no. "Olympus" ) of 244 S. Main Sire'f, New Hope, PA I gO; ~o ! 212; !el¢l~hon¢: (215)~62y5066~ f~x (2 ! 5) g62-7066 wifl] regard iO th~ aibr¢-rCf'e,-en~e.d .~licitation. O,~ behalfot'Olympus \re l,¢rcwilh pr'olest

would have resulted in be].g lh~ successful offer under lhe. Protected Information To Be Disc]osed Only In Accordance With United States Court of Federal Claims Protective Order

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The awarder's pfi~e is unrealistically high avid I herefbre ,l;olll~ h~vc been elimi.aled
under Ihe lem~.~ uflhe solioitall~n.

The instant .'~llcilm'io, wa.~ is,quid by ll~e Virghlia ('Onll'aOling Aolivily. Bowling Air Force Bas~ Buildii~g ~000. WgshintiOn, D,C, 2340-5 ] D0 FOr the supply o~)anitorisJ services at Ih¢ De~ns~

Jones, J ¢oniracting ot~r is IlOt ide~tifl¢,d ow the solicitalici~.

Olympus submilled a timely offer in response h~ th~ s~)!idiation. By Icrlef deled Jun~ 27, 2005 Olympus wa~ advised hy Mr. Guy A. TnlTCg who is idcntifi~ as the contraaing o~cer thcr~n

h could rmqilc~l t dLq~rlefii~g p¢i'lod. Olymp~l did request a dehriefil~g, and a d=hrieS~g w~s l~cld on ~uly I~, 2005.

AI Ill~ dehrilfing. Olymt~us ws~; sdvi,<:~.,d thai

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UIRGINIA CONTRACTING RCTY ~U$l~ & GAI(~$T~R

0~/~9/200G 18:£? ~,4~ 8104306889

ROSENTHAL AND GM~II'STI~R

OoyernmP..nt Accoumab;l~ty Otto= ]~dy 19, 2005 Pa~ .I

I~av~ ~ ininimun~ ~t6~..~ c~F h~ personnel leared at a Top S~cr~l/S~! level, Olympu~ was ~dvis¢d ~ tl~e dehric~s~ d~al thi~ =l~,m=nl le TI~ evakmfion caused OlympU~ no~ Io receive ~n awa~ under

The solj~itztion r~qui~'es oF'm-ors ~o submit s technica! nnd price pr~p~ssl. The lechnic~l propo~l ~as Io bc ~mpo~d o~I~o pa~, one f~r icc, hni~l ~p~bili~ ~nd th~ other ~hr r~l~a nt

Th(: c,','Wu~lion cdtcria fi:~r ~'~,luBlion ~r award ~l~lion ar~ se( tbnh in lhe ~licflalion a{

Gnvcrnm~nl will peH~l'l}1 a trad~offanalysls of non-price f~¢tor~ again~( price to dcle~in~ lh~ l~t value to l lle Govemmenl,'" and the solicitation fhi~her provide.s: "'Rel~liv¢ weight of non-price faclnrs

~p~cH~call~ provides at pa~e 41 under

' Exhibits will be ~,tlached In |h~ hm'd ~,~pie; of this prol~sx, Exhihils will no~ I~e atlacl~=d

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criteria,

In responding lo zlle ~ollcjlallon, Olympus included as pro'| at'il~ prapo~l, h~ s~urity plan

of' all persmm~l whid~ il determined would be required in order In semite ihu ]ohsiie and dc.monstlBled that al lh~ Sial10fl'l~e cfl~tracl il would 111ore lhan I~~I the 20~'~ p~r ~llt r~quimme~l for Top Secr~tlSCl cleared person~ol. In clearances, Olympus i~dic~1¢d rhal. it wmild not ma~' th~ 6 n~o~lh, 60% r~quireme~l personnel ,~l~rancc al th~ l'im~ oi'commenc~m~nl of any era]tract by 4 employee~. It lh~n proceeded to indicate the ~ieps lh~t il had [ak~tl ~nd would la~c to ~s~ur~ that lh~ icqui~if~ number o('cl~ar~d =mploy~ would bc on site E~hibil ~.; At the tic,tiering. Olympu~ was ~dH~d that ti~ cval=~lor~ interpreted iI~ Olympus

~t lh~ time of~m~ir~;i ~war~ ~ intended hy Olympus, Based on tl~al unders1~ndil]~, Olympu~ w~s advised st [he dcbl~lin~ thai the evalu~lors del ¢i'min~ th~ Olympu~ offer to be unacceptable as not

mis~]i~n~ as lh~ pa~ h~ printed. The column hcadi~ ~hould ali~n Wil~ lh~ olumn~ ~n that ¯ ~ch column re.ccivus, heading.

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RO.~ENTHAL AND

Govenlmenr Ac~oul~t~.bilffy Office July 19. 200S Page 5

The a\ual'due, '!'he Ru,,cn,~ Oroup, LI.,C, i.~ n(.~t a custodial see'ice ctmtractar. The award~

oncer~i~g Ih¢ ~wardee indieates that the awa~ doc~ no~ and has never pe~orm~ j~niio6~l ~ice~ nf any killd and has only prodded ~o=~o~te cen~ultin~ services. The ~ta ~llected by Olympus concerning lh¢ award~ indicate~ rha~ lh~ awardee =~nly ¢~Up~oy~ 3 p~pl=. Th= NAISC

approximately $ nff¢r~ by Olympus.

higher than the price o~o~d by Olympus and .early double !l~c price

;The 01ymln!,~ (;)Irer W~s Mi,~evah, s~led. A.~ nat~ above, the Olympus ~opo~l provided a cha~ which indic~te~ the anticipated p¢~onncl ~hich Olympus intellded Io employ under any contr~c~ aw~t'd~ !o it pursuant

worklbrce al rh~ site. The currenl Conlr~lor nnly employed 33 pcople at fl~ejobs{te ~l'~icl~ only 21 h~ld the Top ~,~r~d/~i lc~r~n~cs. olympu~ m~tie!pa~ed emplayin& 4~ people to ~e~ee the job, The eha~ h~clud~by Olympu~ will1 it~ pr~al indi=at~ how m~=~ o£Ih~. ~xi~lin~ pe~nnnel al lhe

clearances. ~e ¢han c.learly'indic~te~ (hat at rhefime (,fcont~mcl award, Olympus ~ould have ~ithh~

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The inl ei'prelal ion aliributed to lho Olympus offer as desci_ib~l to Olympun a l l he debfiefin~ i~ not cnn~islenl with lhe offer. Ol~npus ~i ~II times in~i~t~ lha/i~ iniend~ Io ~u]ly cnmply ~ilh the owrall o~ieclivos of the contract includin~ obt~inin~ all n~essa~ and requisite, Top Sccrei/S£1 lear~ ~i'~onn¢l, GiVen lh~ dclail=d description which Olympus provided r¢~rdin~ I~ow h lnt~nded Io comply wit!~ ~ lie ~e~ul~ly requirem=~ts OOhC ~olidl =Iti0n, the =valuaiin~ pCr~onncl should h~ve ~lly

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2@2 231 2831 P.@8/14

UIRGINIR CONTRRCTING RCTY

I n addition, we n,~lc ! hat t'l~e ,~olicitalion at rhc cwdul~liozl t'~ct~rs, in any event, indica.~ tl~a,t th~ 20% requirement ~vill b~ con~ider~ as an evaluation f~or. S~ p~g~ 41 o~the Olympus understands from the intb~atJon prowd~ to it ~t the dchrlcfing that if'was downgraded whh r~rd tn ~cc~Jdry cfe.r~n~ issues bemuse the evaluating p~'so=~el did ~ot understand that

understood that Oly~pus ~vould in J~ct !~t Ihe 20% I'oquircmet~t at cont.! staR. Under th= ¢v~.lu~tion facto~ sc~ t~,h at p~Sc~ ~0-4~ o~t1~ ~olicitation, it ~ppeHr~ tha~ only the 20%

misimerprctarion o~ the Olymp~,s offer, tl~e =vsluatfo~ and down~din~ ot'~h¢ Ol~pus the s~ud~ plan pe=~onne~ issue ~s Jnspp~pdst~ si~ce the 60%/6 ~nth 'Fop Secr~/SCl cleared personnei objective ~vas t~ot in f~ct pa~ of the evaluation ~a~ors,

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AND GA~II~'TER

Government Aocountability Of~ce July 1O, 2005 Page 8 award !o lhe new,~u¢ces~fial oPl~ror, See K~thDal

B-253614,3. B-253614.2, 93-2 ('PD 30!: ,Nm~h\v¢~.tJ~m.lt'oSe'vi~m Inc., B-2473~0. B-247.tS0,2. ¯ q2-2 CPD 3&.

O~npus [hcrcfi)re submits that tl~ ~vL~]uatk~n of'its def~tive in that it was held fn a slsl~derd not a~iculal~ in the ~oficilalion and was do~n*gl~ded for a!le~ed dcfici~ncics in its proposal which in t~ did not exist. OlympL, S submits [hat it~ offer should be rmevalu~t~ and Ihat ~he awards n~e sl~ould be ~emdnated a~d award should ~ made to Olympus w~o r~pr~t~ evaluation criteriu ~s ~ct lbnh in the solicit~lion, ~r at a minimtun, ~ff~r~ ~hou]d bc re-~valu~t~ in

Accordingly, Olympu, submits that i[ was m~sc~lualcd wl~h re~ard to the Security plan issues they f'elat~ Io personnel and dml ifs o~cr ahOuid be rc~aluated and rr~onsiflered lbr award under the instant

2.

.Ehe Aw~xrdCe is Not: Ou=difi.e_d ~o i~.~:cive a)l ~w~d under the Instant Solicitation,

The aw~rdee, ~e Rawns Group, [,1 ,C, is no~ a cuslodial ~c~,i~e ~mpany ha~ no cxpcffcnc~

Olympus has been able le eccumulat~ is attached l~¢reto al F'.xhibit 3. Y=~ will note du~t the NAICS

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~ ~Oi ~o0± F.l~±e

CUMI~HUI IMb HblT

~OS~¢TI~L & ~i'ISTE~

I~010

Government ~ou~il~ O~ce July 19. 2005 Page 9

thal tile ~ ~I~ co~ lis==d Ibr lllC R~ven~ Grnup. I.I.,~ is ~4 I~ 18 ibr"Olb:r ~l~n~em~ll ~on~llin~ Services"~nd 541~,11 fbr "'Admiz~istrativc Mnnagemcnt and General M~nagcmenl ~onsulting

Sewlc~s". The fnformaUon indicates that The Rayen~ Grou]~ only ¢n~ploys ] p~ple,

The awardee has no exp~ieece in ja.i{odal ~d custodial services, The a~'ard~ ~hereForc, eoutd no{ have md Ihc required past pe~ormanc~ requ)~emenls o~ Ihe sulicitali(~n which required

soli6italion closin~ da!e ll~at demo~Istrate lhe abilily o~lh~ n~er~r ~o perform Io llle pl'Op~=d eflb~ required by the solieite~iol~, Even iFtl~e aw~rde~ rcccived ~ Neutral rarin~ fbr p~r pcd'on]~a~c~ lhe Olympus Excellent razin~ For p~st pe~'formance should have put Olympus into a higher ewlust~ position 1!1all the award~e under the ~sluatlon s~hem¢ set £o~h in th~ soli~,italion.

Furlhcl'mor~. th~ solieil'ati~n r~quire,q ~1 ~uHty

pla~ ~br ~ny r~uhin~ contra~t. The

solicitation i~ ~p=cific that I I~e D lAG is a high s~urily ~kcility snd all direr ~mploy~ ~ssigned to th~

DIA(" mLl~l m~ Ih~ inw~li~alivo requiremenl R~r Top ~ret wil h Aec~s tO ~pe;i~l Compa~m~nted .IN~nl~ation (TS-St'I) clearance. The, awafd~ 0r~snizatian and ownership do not possess such TSSC] securiry clarence. Accordingly, Olympu~ SUblllJlS that tile uWa~ or~anizalion is nonre~pOl~sive 10 ~he ~licil8li~)~ ~¢qulrements,

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VIRGINIA CONTRACTING ACTY

Th~ Ravens Group, LLC doe~ nor appex~r in hay= held e valid Top S~[/RC! clc~r~nce as

does no~ ~1 hold ~uch a tie.re'ante. As ,uch, purstim~l to the lem~s o¢lhc soliailalinn, =~nd specifi~lly tl~e S~ufit3, Requirement S rhere.0f, 3"l~e RaVcll~ Group. Ll.,q's oflbr was non-rcsponsive ~o the rcrms of the soli¢itatinn and ,~hould have been rcj~led,

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~OSE~ & GA,N]S'I'~

RO~SENTHAI- AND O~NlS'rER

P~ge 11

'Fl~e s{~li~iladm~ i~ ~pcrilic nl pBM~ 38. Pm'l III ('r~SltPrk~c St'~li(,n Ih~l; "'[ Im'eali~ icMly low or,higl~ l,)ropn~d ~o~ts or prices initially or ~uhscqu~nlly may be grounds Br etimin~ling ?,t~ur proposal f~m cnmp¢titkm ¢ilh=r o~1 II~e basis lhat the o~ror docs nm~ undm's~and the requirement or has made an unrealistic proposal." Thc aworde~'s price of s higher titan lhe Olympus pdcc and n~arly doubl= the Olymptls Olympus ha~ extensive c~ p~rienc¢ cleaning top secret ~l~red (~cilities in tim Washington, and is well acquaint~ with ]l~e necessity of paying hi~hcr wa~es in order In be able to attract qu~ifi~ personnd to work ~t such facilities, liow~wr, Ol~pus submits (hat the price at whi¢h th~ aw=rd was pl~ccd und~rlh~ i~lstmot ~olicit'aiiL~n is ind~d unreali~ficolly high and shnuld I~a~ re~ulted in r~iection of'the mvardce's offer und~ the provisions oFIh~ instant solicitali~n. is over.

In this regard, we note t h~t lhe Building, Owners alld Man~ge!~lcnt Association I nt~alional ha~ p~fformed studi~ c,0n~rni~g the ~ost of per~orn]i6~ janitorial and custodial s~rvices in 'v~rious

~UC.t=rily requirement ~t ~ t~cility such as the.DI AC, personnel ~srs ~e normslly higher and ther~o~e the =osl I'o cl=n on a squa~ tbntage b~]sis l~t a l~c, iltly sud~ as DIAC will be higher th~n ~he n~nn.

cost per ~uare foot [ranslatcs Io u co~ nF$

pcl" sqtlal'e Iimt, Olympus has si6mificm~l eXperien~

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VI~INIH CUNIRHLIIMb H~IY

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RO~ENTHAL AND GANI.~-T'ER GOVernmeI~t Accountabiiily Ol~c¢ JlJly I9, ~005 P~ge 12 p~iforming-under r~p secret c.lanralaCe COlltra~ts in 11~e Washington, D.['. area, Olympus believes lhat

it to ntl~in ~11 rt'qul~mcnls i~naining It~ Ihe solicilnlion and s~y I'es.ifnllt c~nlraGi, "FIle of Tt~l' which was sel=~ed by the agency wan ~orbifanl and cl~rly oon~itute~ tm unrealistically high price which should have been eliminated fi-om comp~itiola nn the basis llaa~ ir wa~ an u~re~listic pr~po~l. See

For all of lee reasons articulated herein, we request ihal' ),our r~ce order that the agency tcrn~it~¢ the award n~ad~ and ~ward the conlraet f~r the ser~ce~ procured purstlant to ~ol.icitation IO Olympu~. or ~t ~i nlJl~imum, ~ulre the agency Io r~evnluate ol~r~ ree~iv~ a~ord~nGe ~1~ the ~oli~iIatlon'~ ~tated cdt'~a t~r evaluation,

We requcs! a copy of'the sdministrative report prepared with reBard tO this matter and an opportunity to reply to Ih¢ ~ame. We funh¢r requ¢~ thai ~opies of=ll evaIualion~ ct, ndu~ed regard to the Olympus and otlaer O~rs be inelud~ in ~id admini~rative report, or all~natively provided to the proleStm' pursuan( to ll}= p[ovisions of4 ~l:R 31,3(e). We alsn ~qtm~ that copies of all insl~ction~ ~ven Io the evaluato~% all :valuali0n criteria u~ed by the evalus~ors and a]l notes and orhe~ dneum~tation ~enemt~d ~y the e~luator~ in cnqiunction with ~helr ev~uations of this procurement, and all source ~eleclion d~umentatio~ be included in

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ROSENTHAL. ~M~ID G~.N!~R

~uly ]9, 2005

to ~ CFI~ 21,4 a protectivc erdcr be ~zered ~iih rega~ to this matter, A )'~da~tod version or)luis

on]y thc r~a¢1~d version of'this pro(est be nmdc publicly available.

We fi~rlller rcclUC,~t thin if'fl~i,~ protes! is .~u~tal.ed. Ol~pu.~ be aw~,'de, d its bid preparation and prolest co.~ts, S~ 4 CFR. 21,1~(d).

This protest is bein~ tT~rwarded to your ol~c~ vi8 teleran, whh a c~nlbrmin~ ~py to be supplied by overnigllI ¢~urier. The Contracting O~r ]la~ been served with this protest in like

Guy A. Tin-ms C:,ontr~'lin~ Officer Anthony Hippi~ President Olympus 13uildlng Servicing, Inc.

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~002/009

GAO
U~ted States 'Gove~ent Accountability O~ce Waslfin~on~ DC 20548 Of Eice of the General CouIlse|

July 26, 2005 Ruth E. Ganister Rosenthal and Ganister Major Peter H. Tran Department of the Army

File: Protester: Agency:

B-296914 Olympus Building Services, Inc. Defense Intelligence Agency

NOTIFICATION OF PROTECTIVE ORDER Attached is a copy of the protective order issued in connection with this matter. Counsel seeking admission must complete and submit the attached application to our Office within 3 days of receipt of this protective order, with a copy provided simultaneously to all parties; applications for consultants are available upon request. A party objecting to any individual's application must so advise our Office by the second day following receipt of the application. While applications may be filed by facsimile transmission, a hard copy with original signature must also be submitted. Failure to complete the application accurately may result in denial of admission and/or sanction. Individuals covered under a protective order are required to take all precautions necessary to prevent disclosure of protected material. In addition to physically and electronically securing, safeguarding, and restricting access to the protected material in one's possession, these precautions include, but are not limited to, sending and receiving protected material using physical and electronic methods that are within the control of individuals authorized by this protective order or that otherwise restrict access to protected material to individuals authorized by this protective order. Examples of transmission methods that may require additional precautions include facsimile machines .shared with individuals not admitted under this protective order and facsimile-to-electronic marl systems or services. Protected material shall not be sent using electronic ma~ without the express consent of this Office.

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competitive decisionmaking for a party to the protest or for any firm that might gain a competitive advantage from access to the protected material disclosed under this order, shall have access to information covered by this order. Individuals admitted under this protective order shall advise such support staff, prior to providing them access to protected material, of their obligations under this order. 4. Each party included under this protective order shall receive a single copy of the protected material and shall not duplicate that material, except as incidental to its incorporation into a submission to GAO or as otherwise agreed to by the parties with GAO's concurrence. However, each party that receives protected material in an electronic format may print a single copy of that protected material. 5. When any party sends or receives documents in connection with this protest that are not designated as protected, including proposed redacted versions of protected documents, the party shall refrain from releasing the documents to anyone not admitted under this protective order, including clients, until the end of the second working day following receipt of the documents by all parties. This practice permits parties to identify documents that should have been marked protected before the documents are disclosed to individuals not admitted under this protective order. 6. Each individual covered under this protective order shall take all precautions necessary to prevent disclosure of protected material. In addition to physically and electronically securing, safeguarding, and restricting access to the protected material in one's possession, these precautions include, but are not limited to, sending and receiving protected material using physical and electronic methods that are within the control of individuals authorized by this protective order or that otherwise 'restrict access to protected material to individuals authorized by this protective order. Protected material shall not be sent using electronic mail without the express consent of GAO. The confidentiality of protected material shall be maintained in perpetuity. 7. Within 60 days after the disposition of the protest(s) (or if a request for reconsideration or a claim for costs is filed, 60 days after the disposition of those matters), all protected material furnished to individuals admitted under this protective order, including all copies of such material, with the exception of a single copy ofa protected decision or letter issued by our Office, shall be: (1) returned to the party that produced them; or (2) with the prior written agreement of the party that produced the protected material, destroyed and certified as destroyed to the party that produced them; or (3) with the prior written agreement of the party that produced the protected material, retained under the terms of this order for such period as may be agreed. Within the same 60-day period, protected pleadings (including copies in archival files and computer backup fries) and written and electronic transcripts of protest conferences and hearings shall be destroyed, and the destruction certified to GAO and the other parties, unless the parties agree otherwise. In the absence of such agreement and for good cause shown, the period

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~006/009

.for retention of the protected material under this paragraph may be extended by order of GAO. Any individual retaining material received under this protective order (except for the single copy of a protected decision or letter issued by our Office) beyond the 60-day period without the authorization of GAO or the prior written agreement of the party that produced the material is in violation of this order. The terms of this protective order (except those terms regarding the return or destruction of protected material) shall apply indefinitely to the single copy of the protected decision or letter issued by our Office that is retained by a party admitted under this order. 8. Any violation of the terms of this protective order may result in the imposition of such sanctions as GAO deems appropriate, including but not limited to referral of the violation to appropriate bar associations or other disciplinary bodies and restricting the practice of counsel before GAO. A party whose protected information is improperly disclosed shall be entitled to all remedies under law or equity, including breach of contract.

Jacque~tne Maeder Senior Attorney

Revised February 2002

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~004/009

UNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE OFFICE OF THE GENERAL COUNSEL PROCUREMENT LAW DMSION Washington, D.C. 20548 Matter of: File: Agency: Olympus Building Services, Inc. B-296914 Defense Intelligence Agency PROTECTIVE ORDER This protective order limits disclosure of certain material and information submitted in the above-captioned protest, so that no party obtaining access to protected material under this order will gain a competitive advantage as a result of the disclosure. Material to which parties gain access under this protective order is to be used only for the subject protest proceedings, absent express prior authorization from the Government Accountability Office (GAO). Such authorization must be requested in writing, with notice to all parties.
1. This protective order applies to all material that is identified by any party as protected, unless GAO specifically provides otherwise. Protected material includes information whether on paper or in any electronic format. This protective order applies to all proceedings associated with the protest, e._~., supplemental/amended protests, requests for reconsideration, and claims for costs.

2. Protected material of any kind may be provided only to GAO and to individuals authorized by this protective order. The first page of each document containing protected material is to be clearly marked as follows: PROTECTED MATERIAL TO BE DISCLOSED ONLY IN ACCORDANCE WITH GOVERNMENT ACCOUNTABILITY OFFICE PROTECTIVE ORDER The party claiming protection must clearly identify the specific portion of the material for which it is claiming protection. Wherever such protection .is claimed for a protest pleading, th.e party filing the pleading shall submit a proposed redacted version for public release when the protected version is filed. 3. Only individuals who are admitted under this protective order by GAO0 and support staff (paralegal, clerical, and administrative personnel) who are employed or supervised by individuals admitted under this order, and who axe not involved in Revised February 2002

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-For the Associate General Counsel FOR FURTHER INFORMATION: GAO Attorney: Jacqueline Maeder; 202-512-9708 Case Status CMls: 202-512-5436; Fax Number 202-512-9749 GAO's Guide to GAO Protective Orders is available at www.gao.gov. Attachments P~ragraphs 1, 4, 6, ~nd 7 o£ the order were revised in February 2002.

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GAO PL DIV

GA0
IIIIIII Accou,,,n, tabiltty ¯ Irdegrlty - Rellaldllty

Ultited States Gove]tnmel~t

Accountability Office

Washington, DC 20548

UNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE OFFICE OF THE GENERAL COUNSEL PROCUREMENT LAW DIVISION Washington, D.C. 20548

Matter of: File: Agency:

Olympus Building Services, Inc. B-296914 Defense Intelligence Agency

APPLICATION FOR ACCESS TO MATERIAL UNDER A PROTECTIVE ORDER FOR OUTSIDE COUNSEL 1. I, ........... hereby apply for access to protected material covered by the protective order issued in connection with this protest. 2. I am an attorney with the law firm of retained to represent 3. I am a member of the bar(s)of. is/are and have been , a party to this protest. ; my bar membership number(s)

4. My professional relationship with the party I represent in this protest and its personnel is strictly one of legal counsel. I am not involved in competitive decisionmaking as discussed in U.S. Steel Corp. v. United States, 730 F.2d 1465 " (Fed. Cir. 1984), for or on behalf of the par~y I represent, any entity that is an interested party to this protest, or any other firm that might gain a competitive advantage from access to the material disclosed under the protective order. I do not provide advice or participate in any decisions of such parties in matters involving similar or corresponding information about a competitor. This means that I do not, for example, provide advice concerning or participate in decisions about marketing

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or advertising strategies, product research and development, product design or competitive struct~tring and composition of bids, offers, or proposals with respect to which the use of protected material could provide a competitive advantage. 5. I identify here (by writing "none" or listing names and relevant circumstances) those attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth in the preceding paragraph: (Attach additional pages for this and the following questions, ff needed.) 6. I identify here (by writing "none" or listing names, position, and responsibilities) any member of my immediate family who is an officer or holds a management position with an interested party in the protest or with any other firm that might gain a competitive advantage from access to the material disclosed under the protective order: 7. I identify here (by writing "none" or identifying the name of the forum, case number, date, and circumstances) instances within the last 5 years in which I have been denied admission to a protective .order, or had admission revoked, or been found to have violated a protective order issued by GAO or by an administrative or judicial tribunal: 8. I identify here (by writing "none" or listing the protest name and file number) any pending application for admission to a protective order issued by GAO: 9. I have read the protective order issued by GAO in tiffs protest, and I will comply in all respects with that order and will abide by its terms and conditions in handling any protected material fried or produced in connection w~th the protest. 10. I acknowledge that any violation of the terms of the protective order may result in the imposition of such sanctions as GAO deems appropriate, including but not limited to referral of the violation to appropriate bar associations or other disciplinary bodies, and restricting my practice before GAO. I further acknowledge that aparty whose protected information is improperly disclosed shall be entitled to all remedies under law or equity, including breach of contract. CERTIFICATION By my signature, I certify that, to the best of my knowledge, the representations set forth above (including any attached statements) are true and correct. I recognize that knowingly making a false statement on this application could render me liable toa $10,000 fine or 5 years imprisonment, or both, pursuant to 18 U.S.C. § 1001. I identify below the mailing address and facsimile number at which~I may receive protected material in accordance with the terms of the protective order. Page 7

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Signature Executed

Date

Typed Name and Title

Mailing Address

Facsimile Number

Page 8

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~GAO
.......

W~an, DG 20~48

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

Date:

July 26, 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: Jacqueline Maeder, Senior Attorney
Nl~Tle

Ruth E. Ganister Major Peter H. Tran Comments: None

Firm/Agency Rosenthal and Ganister Dep~ment of the Army

Phone 610-430-6890 703-696-2825

Fax + 610-430-6889 703-696-1535

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ROSENTHAL AND GANISTER
ATTQRNE'~E~ AND CI3UNSELQR~I ,~T L~W
31 TURNER LANE WE~T CHESTER, PA I~131~0

July 27, 2005

l/'m Overnight Courier and Fax 202-512.9749
Jaequeline Maeder, Esquire Senior Attorney Office of the General Counsel United States General Accounting Office 441 G Street, NW Washington, D.C. 20548 .Re: Protest 0f Olympus BttildinRS_ervices. Inc. Bid Protest No. B-296914 Solicitation No. HIq2VI402-05-R-0017

Deax Ms. Maeder: Enclosed please find Application for Access to Materi~ds Under Protective Order By Outside Counsel Ruth E. Ganister. Should you have any questions or comments regarding the matter referenced he~inabove, please do not hesitate to contact the undersigned. Sincerely, ./ ~ ....... /
/L,~ ~-'~" "~'-- ~ " L . ~.~'~-' ' "

/

--/7-."

./'Ruth E. Ganister

Enclosures Major Peter H. Traa, Esquire (Via Fax and Overnight Courier) Anthony Hippie

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UNITED STATES GOVERNMENT ACCOUNT.ABILITY OFFICE OFFICE OF THE GENERAL COUNSEL PROCUREMENT LAW DMSION Washington, D,C. 20548

MATTER OF: Olympus Building Services, Inc. Under Defense Intelligence Agency Solicitation No. HHl~402-05-R-00 ! 7

)

)
)

)

/3-296914

)

)

APPLICATION FOR ACCESS TO MATERIALS UNDER PROTECTIVE ORDER B~.OUTSIDE .COUNSEL

1.

i, Ruth E. Ganister, hereby apply for access to protected materials covered by the protective

order issued in connection with this protest. I am an attorney with the law firm of Rosenthal and Ganister and have been retained to rep"resent Olympus Bttildilag Services, Inc. ("Olympus"), a party to this protest. 3, 1: am a member of the bar of the Supreme Court of the Commonwealth of Pennsylvania; my

bar membership number is 21368. 4, My professional relatiolaship with the party I represent in this protest and its personnel is

strictly one of legal counsel, I am not involved in competitive decision making as discussed in U.S. Steel Co,m,, v. United States, 730 F,2d 1465 (Fed, Cir. 1984), for or on behalf oftlae party I represenI, any entity that is an interested party to this protest, or any other firm that m,ight gain a competitive advantage from access to the material disclosed under the protective order. I do not provide advice or participale in any

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decisions of such parties in matters involving similar or corresponding information about a competitor, This means that I do not.~ for example, provide advice concerning or participate in decisions about marketing or advertising strategies, product research and development, product design or competitive structuring and composition of bids, offers, or proposals with respect to which the use of protected materia! could provide a competifve advantage. 5. I identify here (by writing "none" or listing names and relevant circumstances) those

attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth in the preceding paragraph: None, 6. I identify here (by writing "none" or listir~g names~ position, and responsibilities) any member

of my im.rne~iate family who is an officer or holds a management position with an interested party in the protest or with any other firm that might gain a competitive advantage from access to the material disclosed under the protective order: None. 7. I identify here (by wr~ti.r~g "none" or identifying the name of the forum, case number, date,

and circumstances) instances in which I have been denied admission, to a protective order, or had admission revoked,' or beer~ found to have violated a .~rotective order issued by GAO or by an administrative or judicial tribunal: None. 8. I identify here (by writing "none" or listing the protest name and file number) any pending

application for admission to a protective order issued by GAO: None, 9. I have read the protective order issued by GAO in this protest, and I will comply in all

respects with that protective order and will abide by its terms and conditions in handling any protected material filed or produced in eormection with the protest.

2

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®005

ROSENTHAL & GANISTER

10.

I acknowledge that any violation of the terms of the protective order may result in the

imposition of sanctions as GAO deems appropriate, including but not limited to referral of the violation to the appropriate bar associations or other ~Iisciplinary bodies, and restricting my practice before GAO, 1 further acknowledge that a party whose protected information is improperly disclosed shall be entitled to all remedies under law or equity, including breach of contract,

CERTIFICATION By my signature, I certify that, to the best of my knowledge~ the representations set forth above (including any attached statements) are true and correct, I recognize that knowingly making a false statement on this application could render me liable to a $10,000 fine or 5 years impr.isonment, or both, pursuant to ] g U.S.C. §1001.

Date Executed: July 27, 2005

Rosenthal and Ganister 31 Turner Lane West Chester, PA ! 9380 Telephone: (610) 430-6890 Fax: (610) 430-6889

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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-MAIL: R, OSEGAN1ST@_,AOL,COM

FROM:
REFE1LENCE: N~MBER OF PAGES INCLUDING COVER PAGE:

PLEASE DELIVER THE FOLLOWING PAGE(S) TO:

TO: TO: TO:
1VIES SAGE/DESCRIPTION:

FAX#: FAX#:

THE ~FO~T!ON COWARD ~ T~S F~ MESSAGE IS ~TENDED o~g FOR T~ USE OF THE ~DI~UAL(S) OR ENTITY(S) TO W~CH ~ IS ~D~SSED. T~S ~SSAGE ~Y BE AN A~O~EY CLIE~ COW--CATION A~ AS SUCH IS P~VILEGED ~ CONF~ENT~ ~D/OR MAY CONTA~ ~O~TIO~ T~T IS P~EGED, CO~ENT~L ~ EXERT FROM DISCLOS~E U~ APPLICABLE LAW. IF T~ ~ER OF T~S ~SSAGE IS NOT T~ ~~ED ~C~NT OR T~ E~LO~E OR AGENT ~SPONSIBLE FOR DELIVE~G T~ ~SSAGE TO T~ ~E~ED ~C~NT, YOU ~ ~REBY NOT~D ~AT YOU ~ ~CEI~D THIS COM~CATION IN E~OR~ ~D T~T ~ RENEW, DISSE~ATION~ DIST~U~ON OR COPY~G OF T~S COM~ICATION IS ST~CTLY PRO~B~ED. IF YOU HAVE ~CEI~D TH~ COM~ICATION ~ E~OR, PLEBE NOT~Y US I~D~TELY BY TELEPHONE AND ~T~~ THE O~G~AL MESSAGE TO US AT THE ABO~ ADD~SS VIA T~ U,S, POSTAL SER~CE. THA~ YOU.

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Accourdablllly - Inlogrlbj ~ Rallab~llty

¢A0

United States Gover~ent Acco~tabili~ O~ce Was~n~on, DC 20548

Office of the General Counsel

August 2, 2005 Ruth E. Ganister Rosenthal and Ganister Major Peter H. Tran Department of the Army

File: Protester: A~ency: Solicitation No.:

B-296914 Olym~)us Buildin~ Services, Inc. Defense Intelligence A~ency HHM402-05-R-0017

NOTICE OF ADMISSION TO PROTECTIVE ORDER The Government Accountability Office has received and reviewed the application of Ruth E. Ganister, Esq. of the firm of Rosenthal and Ganister, retained by Olympus Building Services, Inc., to represent it in this protest.
Based on the information provided by the individual regarding relationships with the parties to the protest, and in the absence of any objection, the G6vernment Accountability Office concludes that the risk of inadvertent disclosure of protected material is sufficiently minimal to warrant providing access under the protective order. The individual has represented that she have read the protective order issued by the Government Accountability Office on July 26, 2005, for this protest and will abide by its terms and conditions in handling any protected material that is produced in this matter. Accordingly, the individual listed above is hereby authorized to receive protected material.

Unless the Government Accountability Office expressly notifies the parties otherwise, all material identified by any party asfalling within the protective order shall be covered by that order. For 2 working days following production, all documents, including those not designated as protected, shall be released only to persons admitted to the protective order, in order to permit identification of documents counsel believes should have been designated as protected. Each individual covered under a protective order is required to take all precautions necessary to prevent disclosure of protected material. In addition to physically and electronically securing, safeguarding, and restricting access to the protected material

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in one's possession, these precautions include, but are not limited to, sending and receiving protected material using physical and electronic methods that are within the control of individuals authorized by this protective order or that otherwise restrict access to protected material to individuals authorized by this protective order. Protected material shall not be sent using electronic mail without the express consent of this Office.

Jacqueline Maeder Senior Attorney

NOTICE REGARDING PROTECTED MATERIALS GAO protective orders generally require that within 60 working days after the disposition of the protest (or if a request for reconsideration or a claim for costs is filed, 60 days after the disposition of those matters), all protected material, including copies of such material, with the exception of a single copy of a protected decision or letter issued by GAO, must either be (1) returned to the party that produced them; or (2) with the prior written agreement of the party that produced the protected material, destroyed and certified as destroyed to the party that produced them; or (3) with the prior written agreement of the party that produced the protected material, retained under the terms of the order for such period as may be agreed. Within the same 60-day period, protected pleadings (including copies in archival files and computer backup files) and written and electronic transcripts of protest conferences and hearings must be destroyed, unless the parties agree otherwise. The terms of the protective order (except those terms regarding the return or destruction of protected material) apply indefinitely to the single copy of the protected decision or letter issued by our Office that is retained by a party admitted under the order.

Page 2

Revised February 2002

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~001

WED 14:25 FAX 703 696 1535

ARMY CONTRACT APPEALS

RX REPORT ***

RECEPTION OK TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. RESULT 8012 2025129749

08/03 14:22 02'11 3 OK

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