B-298232.2, Waltron LLC--Costs, August 18, 2006

B-298232.2 Aug 18, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Waltron LLC requests that our Office recommend that it be reimbursed the costs of filing and pursuing its protests concerning request for quotations (RFQ) Nos. SP0406-05-R-4095, SP0400-06-T-6790, SP0400-06-T-9491, and SP0400-06-T-H400, issued by the Defense Logistics Agency (DLA), Defense Supply Center Richmond (DSCR), for a liquid cooling system corrosion inhibitor. We deny the request. View Decision B-298232.2, Waltron LLC--Costs, August 18, 2006 Decision Matter of: Waltron LLC--Costs File: B-298232.2 Date: August 18, 2006 Leigh T. Hansson, Esq., and Kurt D. Ferstl, Esq., Reed Smith LLP, for the protester. Benjamin G. Perkins, Esq., Defense Logistics Agency, for the agency. Nora K. Doolin, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not entitled to the cost of filing and pursuing its protests where the agency did not unduly delay implementing the promised corrective action. DECISION Waltron LLC requests that our Office recommend that it be reimbursed the costs of filing and pursuing its protests concerning request for quotations (RFQ) Nos. SP0406-05-R-4095, SP0400-06-T-6790, SP0400-06-T-9491, and SP0400-06-T-H400, issued by the Defense Logistics Agency (DLA), Defense Supply Center Richmond (DSCR), for a liquid cooling system corrosion inhibitor. We deny the request. Background On September 30, 2005, DLA issued RFQ No. SP0406-05-R-4095 for liquid cooling system corrosion inhibitor packaged in 55 gallon drums and 5 gallon drums.[1] The solicitation listed Nalcool 2000, an inhibitor manufactured by NALFLEET, Inc., as the only approved product. Waltron filed a protest with our Office on October 19, arguing that the RFQ should also have included Waltron's inhibitor (AQ-701) as an approved product. On November 16, the agency provided notice that it was canceling the RFQ because it discovered, in reviewing the protest, that it had not given Waltron notice of its product's removal from the acquisition item description (AID) as required by Federal Acquisition Regulation (FAR) sect. 9.207(b).[2] DSCR stated that it would delay issuance of a new solicitation for the item until it provided Waltron written notification with specific information about the basis for removal of its product from the AID. In view of the cancellation of the RFQ, we dismissed Waltron's protest as academic. On December 16, DSCR issued solicitation No. SP0400-06-T-6790, again identifying Nalcool 2000 as the only approved product. Waltron protested to our Office on December 21, again objecting to the omission of its product from the AID in the RFQ, and arguing that DSCR had failed to implement the corrective action promised in response to its prior protest. At that time, Waltron had not yet received written notice as to why its product had been removed from the AID. On January 4, 2006, DSCR notified our Office that it was canceling the RFQ, explaining that it had been inadvertently issued by DSCR's automated procurement system before the required notice to Waltron had been sent. We then dismissed Waltron's second protest as academic. On the same date our Office dismissed Waltron's second protest, January 4, Waltron received a letter from DSCR notifying it that its AQ-701 product had been removed from the AID for the inhibitor. The letter further detailed that in June 2004, the Navy had informed DLA that Waltron's product was chemically incompatible with the approved product the Navy was using and therefore was not acceptable. At the Navy's request, DSCR subsequently removed Waltron's product as a source of supply for the two sizes of the product (2 quarts and 55 gallons) used by the Navy. With respect to the other two sizes of the product (1 quart and 5 gallons), the letter explained that in November 1987 Waltron's inhibitor was erroneously added to the AID as an approved product. According to DSCR, these two sizes of the product are used exclusively by the Air Force, which had accepted Waltron's product as an acceptable alternative to NALFLEET'S Nalcool 2000. DSCR concluded by informing Waltron that since the Air Force no longer requires these items, and since Waltron's product does not meet the Navy's requirements, Waltron's product has been removed from the AID. The letter included a separate section advising Waltron on the steps to become approved as a source of supply for the item. On January 14, DSCR issued a third RFQ, No. SP0400-06-T-9491, for the same product called for in the previous two solicitations.