December 29, 2015

BY EMAIL ONLY protests@doas.ga.gov

Assistant Commissioner - Procurement
State Purchasing Division, Department of Administrative Services
200 Piedmont Ave. SE, Suite 1308
West Tower, Atlanta, GA 30334-9010
Protest of Sole Source Notice of Intent to Award RFP 47800-121-5 (Secretary of State
Consultation Services).
Dear Assistant Commissioner:
This is a bid protest of the Sole Source Notice of Intent to Award RFP 47800-121-5 (Secretary
of State Consultation Services). This protest is timely filed because the protest is filed before
the closing date and time of the Sole-Source Notice as published on the Georgia Procurement
Registry (closes at December 29, 2015 at 5:00 p.m.).
The sole source, no bid contract seeks to pay Robinson Republic, LLC $72,000 a year ($6,000 a
month) for the services of a consultant with unique and extensive knowledge of the press and
communication. The services this procurement are extremely sensitive and the Office of the
Secretary of State requires a high degree of trust and confidence in the company who will
perform these services. Brian Robinson, who is an officer or shareholder of Robinson Republic,
LLC, was a campaign aide to Governor Deal and then served as the Governors communication
director prior to his departure from the Governors office in August, 2015. The sole source
justification states that Robinson Republic, LLC is uniquely qualified for such sensitive and
important services. Presumably the consultant services are intended to assist and advise the
Secretary of State and communicate with the press about the Secretary of States massive data
breach that involved the release of personal information, including Social Security numbers, of
more than 6 million voters. Presumably the consultant services are also intended to assist and
advise the Secretary of State in the litigation that is currently pending in the Superior Court of
Fulton County regarding the data breach.
There are two grounds for this protest. First, this is not a proper sole source purchase. Section
2.3.2 of the Georgia Procurement Manual states that a sole source purchase is one in which only
one supplier is capable of providing the needed goods or services. (emphasis added). The
Georgia Procurement Manual (Section 2.3.2.2) states, The purpose of publicizing the sole
source is to allow the free market to act as a check and balance on invalid sole sources by
allowing suppliers to protest a sole source 1) if suppliers believe and can document that they also
meet the requirements of the sole source . . . . The only criteria stated in the sole source
justification is that the Secretary of State seeks unique and extensive knowledge of the press
and communication. Contrary to the Secretary of States justification, Robinson Republic is not
the only entity in this state that has unique and extensive knowledge of the press and
communication. There are numerous individuals and entities across this state that meet the only
criteria required for this award knowledge of the press and communication. Similarly, as

someone with extensive experience and expertise of the press and communication, I too am
knowledgeable and qualified for this contract award. A typical example of a sole source award
is a Humvee vehicle there is only one such vehicle and it is needed for certain situations. In
contrast to the example of a sole source for a Humvee, the Secretary of State is attempting to
purchase a car and says that a Honda Accord is the only type of car that exists and could meet the
Secretarys needs despite numerous options for vehicles other than a Honda Accord. Just like the
Honda Accord, the present sole source award attempt is not a proper sole source award because
there are numerous people, myself included, who could perform the services necessary for this
contract. Indeed, Section 2.3.2.1 of the Georgia Procurement Manual warns against situations
just like this: Sound procurement practice requires that a sole-source purchase occur when it is
the only option and not as an attempt to contract with a favored service provider or for a favored
good. (emphasis added). Therefore, this sole source award should be canceled and the contract
not awarded to Robinson Republic, LLC.
The second basis for this protest is that it was not advertised for the required length of time.
Section 2.3.2.2 of the Georgia Procurement Manual requires that this sole source award must be
posted for a minimum of five business days. The Georgia Procurement Manual requires that If
the estimated contract value is $25,000 - $249,999.99, the notice is to be posted for a minimum
of five (5) business days. The present contract is for $72,000 so it must be posted for five days.
This contract was posted for only four business days. Per the Georgia Procurement Registry1,
this sole source was posted on December 22. Thus, the first business day counted is December
23. See O.C.G.A. 1-3-1(d)(3) (Except as otherwise provided by time period computations
specifically applying to other laws, when a period of time measured in days, weeks, months,
years, or other measurements of time except hours is prescribed for the exercise of any privilege
or the discharge of any duty, the first day shall not be counted but the last day shall be counted . .
. .) (emphasis added). Likewise, December 24 and December 25, which were legal State of
Georgia holidays,2 are not counted in the computation of time because the period of time
prescribed 5 business days is less than seven days. See O.C.G.A. 1-3-1(d)(3) (When the
period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal
holidays shall be excluded in the computation.) (emphasis added). Thus, the day count is as
follows:
December 22 date of posting, does not count
December 23 first business day
December 24 does not count, legal holiday
December 25 - does not count, legal holiday
December 27 second business day
1

http://ssl.doas.state.ga.us/PRSapp/PublicBidNotice?bid_op=164780047800-121-5

http://team.georgia.gov/wp-content/uploads/2014/08/2015-GA-State-Holidays.pdf

December 28 third business day

December 29 fourth business day
December 30 fifth business day.
The present sole source contract is scheduled to be awarded on December 29, not December 30.
Per the analysis above, the award date of December 29 violates Section 2.3.2.2 of the Georgia
Procurement Manual because the sole source notice was posted for only four business days and
not the required five business days.
For these reasons, the proposed sole source award should be rejected and the contract for
communications services should be put to public bid, thus ensuring that taxpayers the same
ones whose data was breached by the Secretary of State receive the best value for their money
rather than awarding the contract to the Governors former communications director.
Sincerely,
Bryan Long
923 Peachtree Street NE
Unit 937
Atlanta, GA 30309