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A parade of protests as FBI scraps moving contract

Aug. 6, 2013 - 06:00AM   |  
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The FBI has canceled blanket purchase awards to four companies that it hired to provide relocation and moving services, but one of the winning bidders wants a judge to halt those plans.

Lexicon Government Services filed a complaint Monday in U.S. Court of Federal Claims, arguing in a highly redacted complaint that the FBI’s decision to scrap the procurement and start all over again was “arbitrary, capricious and contrary to law.”

The lawsuit marks just the latest development in a legal saga that has seen at least three bid protests in recent months over a solicitation anticipating up to four blanket purchase agreements worth a maximum of $425 million, according records.

The protests arose after the FBI awarded BPAs to three companies — Allegiance Relocation Services, Lexicon and WHR Group — on March 15. One week later, another company, Brookfield Relocation Inc., filed a protest with the Government Accountability Office.

The substance of Brookfield’s complaint remains unclear because of redactions in the complaint filed by Lexicon. But on June 7, the GAO dismissed the protest as academic when the FBI issued a BPA to Brookfield.

The hiring of Brookfield, however, did little to keep bid protest lawyers at bay. In fact, the move only prompted more protests.

TRC Global Solutions protested the Brookfield award, though the GAO dismissed that complaint, saying the company couldn’t prove it was next in line for award.

Likewise, Capitol Relocation Services filed a protest over the Brookfield award. Weeks later, on July 16, the FBI canceled all of the BPA’s, telling GAO that it planned to start all over. The GAO dismissed the complaint.

Now, however, the FBI’s decision begin the solicitation anew has come under protest.

“The FBI’s proposed corrective action to cancel Lexicon’s award and the solicitation was arbitrary and capricious because there has not been any legitimate change in the FBI’s needs that would merit the cancellation,” Lexicon argued in its Federal Claims Court complaint Monday.

The company wants a judge to keep the FBI from canceling the award to Lexicon, according to the complaint.

A spokeswoman for the FBI declined to comment on the latest legal development.

“Because the FBI is in active litigation concerning the contract, it would not be appropriate to discuss at this time,” FBI spokeswoman Allison Mahan wrote in an email.

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