Lynwood Machine & Engineering, Inc., B-285696, September 18, 2000

B-285696 Sep 18, 2000 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Agency is not required to contact all of a vendor's references. Agency was not required to conduct discussions with protester to allow it an opportunity to clarify its past performance information where procurement was conducted using simplified acquisition procedures. 4. Where agency is not required to hold discussions or otherwise communicate with vendors regarding past performance information. DNSC explains by way of background that it is responsible for acquiring. That it has acquired stockpiles in excess of current needs of a number of materials and is in the process of selling its excess stores. One of the materials that DNSC is selling is lead. Is potentially hazardous. Which was issued using simplified acquisition procedures pursuant to the authority of Federal Acquisition Regulation (FAR) subpart 13.5 (Test Program for Certain Commercial Items). View Decision Lynwood Machine & Engineering, Inc., B-285696, September 18, 2000 DIGEST Attorneys DECISION Lynwood Machine & Engineering, Inc. protests the issuance of an order to SAF Engineering Associates under request for quotations (RFQ) No. SPO833-00-Q-0137, issued by the Defense National Stockpile Center (DNSC), Defense Logistics Agency for the weighing, banding, crimping and relocation of approximately 34,000 metric tons of lead at DNSC's Hammond, Indiana depot. The protester takes issue with the agency's evaluation of its past performance. We deny the protest. DNSC explains by way of background that it is responsible for acquiring, storing, and maintaining various strategic and critical materials, and that it has acquired stockpiles in excess of current needs of a number of materials and is in the process of selling its excess stores. One of the materials that DNSC is selling is lead. Prior to resale, the lead must be restacked, banded, and accurately weighed. The agency notes that work around the lead, which has oxidized while being stored outside, is potentially hazardous. The RFQ, which was issued using simplified acquisition procedures pursuant to the authority of Federal Acquisition Regulation (FAR) subpart 13.5 (Test Program for Certain Commercial Items), /1/ contemplated the award of a fixed-price order to the vendor whose quotation represented the best value to the government. The solicitation, as amended, provided for the evaluation of quotations on the basis of experience, past performance, and price, in descending order of importance. To assist in the evaluation of their past performance, vendors were instructed to furnish "three (3) references with information concerning projects completed within the last two years for the same or similar work required by the solicitation." RFQ Sec. 22. Five vendors submitted quotations prior to the April 21, 2000 due date. Lynwood's price of $422,514.24 was lowest, and SAF's price of $423,197.92 was second low. The contracting officer determined that the two vendors were essentially equal in experience, but that SAF's past performance was superior to Lynwood's. Agency Report at 3-5; Recommendation for Award, May 17, 2000, at 2. The contracting officer selected SAF's quotation as representing the best value to the government, finding that SAF's significantly better past performance outweighed Lynwood's slightly (i.e., $683.68) lower price. On May 19, DLA issued an order to SAF. In its quotation, Lynwood highlighted its recent acquisition of the material handling operation of a company named Contract Procurement Services, Inc. (CPS) and advised the agency that if it were awarded this job, it would rely heavily on CPS personnel in its performance. In particular, Lynwood noted that the president of CPS would serve as project manager; it also indicated that CPS's material handlers, banders, and forklift operators would work on the job. Lynwood Quotation at 2. Lynwood listed the DNSC as its first reference, noting that CPS, under the management of the above-mentioned president, had completed four material handling contracts for the agency (which Lynwood identified by contract number and amount, dates and location of performance, and type and quantity of material handled). Lynwood also listed three commercial references for itself in the quotation. While Lynwood noted that it had "successfully moved millions of tons of materials over the past two years for [these] clients [with] which it maintains ongoing contracts," id. at 3, it did not identify any specific contracts it had performed for them. In evaluating Lynwood's past performance, the contracting specialist sought references from the contracting officers for the two largest dollar amount contracts performed by CPS, both of which involved the handling of lead, and from the point of contact identified for Lynwood's largest commercial customer.