Air Masters Corporation

B-262213 Sep 12, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest by incumbent contractor that the agency deprived it of an opportunity to compete because the firm allegedly did not receive a mailed copy of the solicitation is denied where the record shows that the agency followed established procedures for disseminating solicitation documents. There is no indication of any deficiencies in the contracting agency's solicitation process and no evidence that the agency deliberately attempted to exclude the protester. Interested firms were directed to contact the contract specialist to obtain copies of the solicitation and the notice contained the names and telephone numbers of two agency employees (the contract specialist and the contracting officer). View Decision Matter of: Air Masters Corporation File: B-262213 Date: September 12, 1995 Protest by incumbent contractor that the agency deprived it of an opportunity to compete because the firm allegedly did not receive a mailed copy of the solicitation is denied where the record shows that the agency followed established procedures for disseminating solicitation documents, there is no indication of any deficiencies in the contracting agency's solicitation process and no evidence that the agency deliberately attempted to exclude the protester. Attorneys DECISION Air Masters Corporation protests any award under request for proposals (RFP) No. GS-05P-95-GAC-0056, issued by the General Services Administration (GSA) for mechanical operation and maintenance services for two federal buildings in East St. Louis, Illinois. Air Masters, the incumbent contractor, contends that GSA improperly failed to provide the firm a copy of the RFP, that this failure precluded it from submitting an offer, and that the requirement should be canceled and resolicited to give Air Masters an opportunity to compete. We deny the protest. In a letter dated May 11, 1995, the contracting officer notified Air Masters that it intended to issue a solicitation on or about June 16, for the services currently being provided by the firm to cover the period January 1, 1996 to December 31, 1998. The contracting officer requested Air Masters to provide a copy of the collective bargaining agreement (CBA) covering the proposed follow-on contract period by close of business May 30, 1995. The May 17 Commerce Business Daily (CBD) contained a notice of the requirement which indicated that performance would begin on January 1, 1996, for a 3-year term and that the agency anticipated a July 20 closing date. Interested firms were directed to contact the contract specialist to obtain copies of the solicitation and the notice contained the names and telephone numbers of two agency employees (the contract specialist and the contracting officer). The RFP was issued on June 16, and copies were mailed to 170 firms, including the protester, on the solicitation mailing list. Amendment 01 was also issued that day and mailed to the same firms, including Air Masters. The RFP advised offerors that the current CBA would expire on June 30, and offerors could obtain a copy of the CBA from either the contracting officer or the union at the address listed in the RFP. [1] Two offerors (not including the protester) submitted proposals by the July 20 deadline for receipt of proposals. On July 21, the contract specialist contacted Air Masters regarding its failure to submit a proposal and learned that the firm was unaware that an RFP had been issued. After checking with its staff, the protester sent a facsimile letter to the contracting officer later that same day which stated that a search within the organization revealed that the firm had not received the solicitation package. Thereafter, on July 26, the contract specialist telephoned Air Masters and informed its contract manager of the address to which the solicitation package and the amendment had been mailed on June 16, and that neither had been returned by the Postal Service as undeliverable. In addition, the contract specialist advised him of the May 11 letter which had been mailed, prior to release of the RFP, to the same address as that used for mailing the solicitation and amendment packages; that letter also had not been returned by the Postal Service as undeliverable. Since the solicitation had closed on July 20, the contract specialist indicated that no further action could be taken. This protest followed. Air Masters maintains that it did not receive either the solicitation package or the May 11 letter and was not "aware" of the CBD announcement for the follow-on services.