Wilcox Industries Corporation, B-287392, April 12, 2001

B-287392 Apr 12, 2001 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Allegation that the agency improperly failed to publicize solicitation or award in the Commerce Business Daily (CBD) is denied where the record clearly shows that the acquisition was synopsized in the CBD Online (CBDNet) and in the printed version of the CBD on two separate occassions. Interested parties were referred to the agency's ASFI web page. Were provided with the CO's telephone number and her e-mail address. The agency issued a notice on the ASFI website that the solicitation number was being changed from N204 to N201. N201 was not a different acquisition. The CO further states that any interested party could have learned of the status of the procurement even if it searched the ASFI website using the original RFP number (i.e. View Decision Matter of: Wilcox Industries Corporation File: B-287392 Date: April 12, 2001 DIGEST Attorneys DECISION Wilcox Industries Corporation protests the award of a contract to Insight Technology, Inc. under request for proposals (RFP) No. DAAB07-01-R-N201 (N201), issued by the U.S. Army Communications-Electronic Command (CECOM) for AN/PAQ-4C aiming lights. Wilcox argues that CECOM improperly failed to publicize the solicitation or the award in the Commerce Business Daily (CBD). We deny the protest. On June 29, 2000, CECOM initially synopsized the acquisition for aiming lights and spare parts in the CBD Online (CBDNet) as RFP No. DAAB07-00-R-N204 (N204). Agency Report (AR) Mar. 20, 2001, exh. A. /1/ That notice announced that the solicitation and related documents would be available on the "Army Single Face To Industry (ASFI) Interactive Business Opportunities Web Page at http://abop.monmouth.army.mil"; /2/ that the estimated closing date would be August 30; and that the solicitation would be issued as a total small business set-aside. Id. In addition to referring to the ASFI web page, that CBDNet announcement provided the contracting officer's (CO) telephone number, together with her e-mail address. The CO explains that under RFP No. N204, the agency contemplated acquiring the aiming lights as part of a combined acquisition with two other related items. However, as a result of concerns raised by Wilcox, and to further enhance competition, the agency decided to acquire the aiming lights separately. Accordingly, on July 26, the agency published a new CBDNet notice announcing the acquisition for only the aiming lights under RFP No. N204. /3/ That CBDNet notice announced a revised estimated closing date of September 15. As with the earlier notice, interested parties were referred to the agency's ASFI web page, and were provided with the CO's telephone number and her e-mail address. On November 20, the agency issued a notice on the ASFI website that the solicitation number was being changed from N204 to N201, and concurrently issued the solicitation on the website. AR exh. D. The CO explains that except for the new RFP number (changed because the procurement crossed into a new fiscal year), all other aspects of the procurement remained unchanged. The CO states that RFP No. N201 was not a different acquisition, but only reflected some revisions and corrections made to the solicitation between July and November 2000, primarily as a result of industry comments. The CO further states that any interested party could have learned of the status of the procurement even if it searched the ASFI website using the original RFP number (i.e., N204). CO Statement, Mar. 16, 2001, Paras. 6, 7, at 3. In this regard, the CO explains that the ASFI "website technology is such that a search using the old [RFP] number, even after the 20 November 2000 solicitation number change, would lead the prospective offeror to the final version of the solicitation." Id. Para. 7. Wilcox apparently did not access the ASFI website referred to in either CBDNet announcement to keep informed on the status of the procurement, failed to download the solicitation, and failed to submit a proposal in response to the RFP. CECOM awarded the contract to Insight on February 28, 2001. Wilcox subsequently filed this protest in our Office on March 9, 2001. Under the Competition in Contracting Act of 1984, agencies are generally required to obtain full and open competition through the use of competitive procedures when procuring property or services. 10 U.S.C. Sec. 2305(a)(1) (1994). The dual purpose of this requirement is to ensure that a procurement is open to all responsible sources and to provide the government with the opportunity to receive fair and reasonable prices. Western Roofing Serv., B-232666.4, Mar. 5, 1991, 91-1 CPD Para. 242 at 3. In pursuit of these goals, a contracting agency has the affirmative obligation to use reasonable methods to publicize its procurement needs and to timely disseminate solicitation documents to those entitled to receive them. To that end, Federal Acquisition Regulation Sec.