Baldt Inc., B-288315, August 28, 2001

B-288315 Aug 28, 2001 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest that awardee did not possess valid Commercial and Government Entity code at time of award is denied where documentation furnished by agency shows that it verified awardee's code prior to award. 2. Protest that provision imposing domestic restriction on manufacture of anchor and mooring chain improperly was omitted from solicitation and subsequent contract is dismissed as untimely where protester failed to raise the issue before time set for receipt of initial proposals. That the agency improperly modified the contract to include a domestic manufacture restriction that was omitted from the RFP. An offeror is registered in the CCR database when "all mandatory information. Is in the CCR database. View Decision Baldt Inc., B-288315, August 28, 2001 DIGEST Attorneys DECISION Baldt Inc. protests the Defense Logistics Agency's (DLA) award of a contract to Lister Chain & Forge, under request for proposals (RFP) No. SP0490-01-R-0805, for flash-butt welded, stud-link (1.625 inch) chain. Baldt contends that the awardee did not possess an active Commercial and Government Entity (CAGE) code, and that the agency improperly modified the contract to include a domestic manufacture restriction that was omitted from the RFP. We deny the protest. CAGE CODE The RFP required that each offeror be registered in the Central Contractor Registration (CCR) database prior to award. RFP Sec. I16; Defense Federal Acquisition Regulation Supplement (DFARS) Sec. 252.204-7004. An offeror is registered in the CCR database when "all mandatory information, including the . . . [CAGE] code, is in the CCR database; [and] . . . the CAGE code ha[s] been validated . . . ." DFARS Sec. 252.204-7004(a)(4); Agency Report (AR), July 27, 2001, CCR Handbook at 2. In addition, the RFP "requested" offerors to furnish their CAGE codes. RFP Sec. L2; DFARS Sec. 252.204-7001. /1/ Baldt contends that Lister did not possess an active CAGE code on the day that the contract was awarded, and therefore should not have been awarded the contract. In support of its argument, Baldt cites a printed copy of a computer search, researched on the Defense Logistics Information Service (DLIS) CAGE Code Lookup WebServer. Protest, exh. 3. The printout, dated April 9, 2001, shows Lister Chain and Forge, Inc., with no street address, and an OFXJ9 CAGE code. The printout shows the status of the CAGE code as "F-Obsolete," and that the code was last updated on March 19, 2001. Baldt concludes that, since Lister's CAGE code was obsolete as of the last update, shortly before the March 23 award, Lister was ineligible for award. The agency responds that the contract specialist verified Lister's CAGE code and its CCR registration using DLA's Pre-Award Contracting System/Standard Automated Material Management System (DPACS/SAMMS) on March 5, and that Lister was properly registered in the CCR database and had a valid CAGE code at that time. The agency explains that the contract specialist used the database's "Choose Awardee" screen, which includes a block showing the offeror's CAGE code and a block entitled "CCR" which will be checked if the offeror being researched is registered in the CCR database. (Again, CCR registration occurs when all mandatory information, including the CAGE code, is in the CCR database and has been validated.) If the offeror is not registered in the CCR database, the CCR block will be blank, and the agency will be unable to prepare an award document. AR at 2 and Contract Specialist's Statement. The agency has submitted a copy of its March 5 search printout, which shows Lister's CAGE code and a checkmark in Lister's CCR block. The contract specialist concluded from this information that Lister was currently registered in the CCR and had a valid CAGE code. AR at 2 and Contract Specialist's Statement. As for Baldt's printout, DLA notes that the DLIS site that Baldt accessed includes a cautionary statement that the data provided "is intended to be an informative reference only and should not be used to support a final decision in regards to a procurement action." AR, CAGE Code Information. In any case, reports DLA, Baldt is misreading the DLIS printout. The agency, citing the manual for the Federal Logistics Information System (FLIS), for which DLIS is responsible, explains that the status code "F-Obsolete" refers only to the fact that the location of the company is unknown, and resulted from the fact that the printout does not include a street address for Lister. AR at 3; FLIS Procedures Manual, DOD 4100.39-M, v. 1 at Sec. 1.1.4 and v. 10 at Table 19. In this regard, a table from the manual, entitled "Commercial and Government Entity Status Codes," lists status codes and their definitions. For the F code noted on Baldt's printout, the definition reads, in relevant part: "Obsolete. Location of company unknown." AR at 2-3; FLIS Procedures Manual, v. 10 at Table 19.