B-299674; B-299743; B-299746, International Garment Processors, July 17, 2007
Case: B-299674
Agency:
Protester: B
Date: 2007-07-17
Denied
B-299674; B-299743; B-299746, International Garment Processors, July 17, 2007
TITLE: B-299674; B-299743; B-299746, International Garment Processors, July 17, 2007
BNUMBER: B-299674; B-299743; B-299746
DATE: July 17, 2007
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B-299674; B-299743; B-299746, International Garment Processors, July 17, 2007
Decision
Matter of: International Garment Processors
File: B-299674; B-299743; B-299746
Date: July 17, 2007
J. C. Viramontes for the protester.
Christine M. Choi, Esq., Department of the Army, for the agency.
Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest alleging bias against protester and favoritism toward awardee
is denied where record fails to support protester's allegations.
2. Protest of the scope of solicitation amendment's work requirements is
denied where record shows amendment reasonably reflects agency's
anticipated needs.
3. Protest of agency's rejection of protester's revised quotation as late
is denied where there is no evidence that the quotation was actually
received at the designated location prior to the closing time.
DECISION
International Garment Processors (IGP) has filed three protests with our
Office. The firm's initial protest (B-299674) challenges an award to
Supreme Laundry and Cleaners under solicitation No. W911SG-07-T-3000,
issued by the Department of the Army for dry cleaning, laundry, and sewing
services for personnel and programs at Fort Bliss, Texas. IGP primarily
contends that the agency has made a series of misstatements that call into
question the credibility of agency contract personnel, and that an agency
evaluator was biased against IGP and favored Supreme. IGP's second protest
(B-299743) challenges the terms of request for quotations (RFQ) No.
W911SG-07-T-0201, issued for limited interim laundry services during the
pendency of IGP's protest of the Supreme contract. IGP's third protest
(B-299746) challenges the agency's determination that the protester's
revised quotation for the interim work was not timely received by the
agency.
We deny the protests.
Award to Supreme
The solicitation, posted on the FedBizOpps website on February 13, 2007,
contemplated the award of a fixed-price, requirements-type contract to the
offeror submitting the technically acceptable, low-priced offer.
IGP requested and received an emailed copy of the performance work
statement (PWS) from the agency on February 13. The PWS was forwarded with
another copy of the solicitation that the contracting specialist explains
she had retyped to fix formatting problems in the original solicitation
document; this copy of the solicitation mistakenly included a closing date
of February 23 instead of the original date of February 26. The protester
submitted questions about the solicitation to the agency on February 21.
On February 23, IGP emailed the agency that it had not yet received a
response to its solicitation questions. The contracting specialist (who
had initially told the protester that the responses to its questions had
been posted electronically a day earlier, but subsequently learned that
the earlier attempt to do so had been unsuccessful) posted the agency's
responses on the FedBizOpps website on February 23.
In the meantime, IGP had filed an agency-level protest challenging the
agency's failure to answer its questions. IGP also argued that, since
notices posted at Fort Bliss to inform personnel that the on-site laundry
facility was closing stated that the laundry work would be done
"downtown," it was apparent, at least to IGP, that the agency had already
determined that the successful firm would be located "downtown."[1] By
letter dated February 23, the contracting officer dismissed the protest,
noting that answers had since been provided and a new closing date of
March 6 had been scheduled. The agency also assured the protester that
there was no predetermined contractor for the award and that the reference
to "downtown" was intended to inform personnel that the work was going to
be contracted out.[2] On February 26, IGP filed an agency-level challenge
to the adverse ruling on its protest, reiterating its prior concerns,
requesting to be treated in a fair manner, and challenging the contracting
specialist's explanation that the February 23 closing date had only been a
typographical error in a retyped version of the solicitation.
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