Aluminum Specialties, Inc. t/a Hercules Fence Company, B-

B-281024 Nov 20, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Asserts that the requirement was inadequately advertised and that the sole bid received was unreasonably priced. Were placed on the bidders' mailing list. To ascertain whether they were interested in receiving the solicitation package. All six firms expressed interest and were added to the mailing list. The mailing address for Hercules as it appears on the mailing list is 1526 Early Street. Which is the correct address for the company. Was the only one received. Two local firms that have historically submitted bids on this procurement (one being Hercules) were not made aware of the solicitation this year. As is the case here. The agency met these requirements and took all reasonable steps necessary to ensure that Hercules was notified of the procurement. View Decision Matter of: Aluminum Specialties, Inc. t/a Hercules Fence Company File: B-281024 Date: November 20, 1998 DIGEST Attorneys DECISION Aluminum Specialties, Inc. t/a Hercules Fence Company (Hercules) protests the award of five contracts to Hurricane Fence Company under invitation for bids (IFB) No. N00187-97-B-6863 issued by the Department of the Navy, Navy Public Works Center (PWC) Norfolk for chain link fencing repair, replacement, and installation for various locations of the Navy PWC. Hercules, the incumbent contractor for three of the contracts, asserts that the requirement was inadequately advertised and that the sole bid received was unreasonably priced. We deny the protest. On June 5, 1998, the agency posted a Commerce Business Daily (CBD) synopsis announcing its intention to issue a competitive solicitation on July 6 for the award of five separate requirements contracts to provide fence installation and repair services at five different locations. CBD Notice, June 5, 1998. On August 4, the agency advertised the solicitation by posting a notice on the bulletin board outside of the PWC Norfolk contracts department office. Seven firms responded to the CBD announcement to request copies of the solicitation, and were placed on the bidders' mailing list. The agency also contacted six other firms that had submitted bids for the current contracts, including the protester, to ascertain whether they were interested in receiving the solicitation package. Unsworn Declaration of Contract Specialist, Oct. 5, 1998, at 1. All six firms expressed interest and were added to the mailing list. The agency reports that it mailed the solicitation materials to the 13 firms on the mailing list, including Hercules, on August 4. Additionally, on August 13, another firm, Beamon Enterprises, picked up a copy of the solicitation at the PWC Norfolk contracts department. Agency Report at 1. The mailing address for Hercules as it appears on the mailing list is 1526 Early Street, Norfolk, Virginia, 23502, which is the correct address for the company. At the September 4 bid opening, Hurricane's bid, which included each of the five sites, was the only one received. On September 11, Hercules filed this protest with our Office, and PWC Norfolk has stayed the procurement pending a decision by our Office. Hercules contends that the agency did not adequately advertise the solicitation because it failed to advertise in local sources as it had done in the past. The protester asserts that as a result of the agency's failure to advertise in local sources, two local firms that have historically submitted bids on this procurement (one being Hercules) were not made aware of the solicitation this year. An agency meets the Competition in Contracting Act of 1984 (CICA), 10 U.S.C. Sec. 2304(a)(1)(A) (1994), mandate for full and open competition when it makes a diligent good-faith effort to comply with the statutory and regulatory requirements regarding notice of the procurement and distribution of solicitation materials, and it obtains a reasonable price. Ervin and Assocs., Inc., B-278849, Mar. 23, 1998, 98-1 CPD Para. 92 at 2-3; The Maxima Corp., B-234019, Apr. 7, 1989, 89-1 CPD Para. 363 at 5. In this regard, Federal Acquisition Regulation (FAR) Sec. 5.101(a)(1) generally requires contracting agencies to publish in the CBD a synopsis of each contract action expected to exceed $25,000, as is the case here. Further, FAR Sec. 14.205-1(b), (c) require contracting agencies to include on applicable solicitation mailing lists any firm that requests a solicitation document. The agency met these requirements and took all reasonable steps necessary to ensure that Hercules was notified of the procurement. While the agency previously may have published solicitation notices in local newspapers as is permissible under FAR 5.101(b)(3),(4), it was not required to provide such notice, and the failure to do so does not, by itself, reasonably evidence an intention to exclude Hercules or any other local contractor from participating in the competition.