Aalco Forwarding, Inc., et al., B-277241.20; B-277241.21,
Case: B-277241.20
Agency:
Date: 1998-07-01
Denied
Aalco Forwarding, Inc., et al., B-277241.20; B-277241.21,
BNUMBER: B-277241.20; B-277241.21
DATE: July 1, 1998
TITLE: Aalco Forwarding, Inc., et al., B-277241.20; B-277241.21,
July 1, 1998
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Matter of:Aalco Forwarding, Inc., et al.
File: B-277241.20; B-277241.21
Date:July 1, 1998
Alan F. Wohlstetter, Esq., and Stanley I. Goldman, Esq., Denning &
Wohlstetter, and Thomas M. Auchincloss, Jr., Esq., and Brian L.
Troiano, Esq., Rea, Cross & Auchincloss, for the protesters.
G. Jerry Shaw, Esq., and Susan E. Shaw, Esq., Shaw, Bransford &
O'Rourke, for Cendant Mobility Services Corporation, an intervenor.
Maj. Jonathan C. Guden and Ramon Morales, Esq., Department of the
Army, for the agency.
David R. Kohler, Esq., and Timothy C. Treanor, Esq., for the U.S.
Small Business Administration.
Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
In a solicitation implementing a pilot program to reengineer the
Department of Defense's current interstate and international program
for the shipment and storage of the personal property of military
service members and civilian employees, the contracting officer's
decision to set aside 17 of 53 traffic channels in their entirety for
exclusive small business participation is unobjectionable.
DECISION
Aalco Forwarding, Inc. and 98 other self-certified small business
concerns protest the sufficiency of the small business set-aside in
request for proposals (RFP) No. DAMT01-97-R-3001, issued by the
Military Traffic Management Command (MTMC), Department of the Army,
for a pilot program reengineering the Department of Defense's (DOD)
current interstate and international program for shipping and storing
the personal property of its military service members and civilian
employees.[1]
We deny the protests.
These protests arose from the contracting agency's implementation of
our recommendation in Aalco Forwarding, Inc., et al., B-277241.16,
Mar. 11, 1998, 98-1 CPD para. 75, in which we sustained protests by most
of these protesters of the solicitation's partial small business
set-aside.[2]
The RFP, issued March 14, 1997, calls for the contractor(s) to provide
all personnel, equipment, materials, supervision, and other items
necessary to provide transportation and transportation-related
services for 50 percent of the eligible DOD and U.S. Coast Guard
sponsored personal property shipments from North Carolina, South
Carolina, and Florida, to any or all of 13 destination regions in the
continental United States and/or any or all of 5 destination regions
in Europe. RFP schedule at 2; RFP performance work statement (PWS) at
3, 7, and attachments 1 and 2. Award will be made to one or more
contractors for each origin state to destination region "traffic
channel." RFP at 36. There are 53 traffic channels included in this
RFP. RFP schedule; PWS attachments 1 and 2.
The RFP provides that offers may be submitted on any or all traffic
channels from any one or all of the origin states to any one or all
destination regions, or any combination thereof. PWS at 3 and
attachment 2. Offerors are to list in their proposals for each
traffic channel for which they submit an offer the daily capacity (in
pounds) that they are committing to each of the various personal
property shipping offices in an origin state for the base year and
each option year. RFP attachment 3; PWS at 19. The committed daily
capacities will be used by MTMC to determine the number of contracts
to be awarded for each traffic channel and to obligate the contractors
to provide requested services up to their committed daily capacities.
PWS at 19. Although a minimum committed daily capacity is not
specified, the RFP states that committed daily capacities must be
reasonable, based on historical tonnage data. Id. An attachment to
the RFP provides historical monthly/yearly tonnage data and numbers of
shipments for each traffic channel (from each personal property
shipping office) for fiscal years 1994, 1995, and 1996. RFP
attachment 4.
In an amendment issued May 14, MTMC set aside 12 percent of the
traffic volume of 27 designated high traffic volume channels for
exclusive small business participation.
Full decision text continues on ProtestIntel...