B-299820; B-299820.3, PWC Logistics Services, Inc., August 14, 2007

B-299820; B-299820.3, PWC Logistics Services, Inc., August 14, 2007 TITLE: B-299820; B-299820.3, PWC Logistics Services, Inc., August 14, 2007 BNUMBER: B-299820; B-299820.3 DATE: August 14, 2007 ******************************************************************* B-299820; B-299820.3, PWC Logistics Services, Inc., August 14, 2007 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: PWC Logistics Services, Inc. File: B-299820; B-299820.3 Date: August 14, 2007 Michael R. Charness, Esq., Robert J. Rothwell, Esq., Suzanne D. Reifman, Esq., and Alexander O. Levine, Esq., Vinson & Elkins, LLP, for PWC Logistics Services, Inc. Thomas P. Barletta, Esq., Daniel C. Sauls, Esq., Paul R. Hurst, Esq., and Ana Holmes Voss, Esq., Steptoe & Johnson, LLP, for Science Applications International Corporation, an intervenor. Benjamin G. Perkins, Esq., Robert E. Sebold, Esq., and Ed Murray, Esq., Defense Logistics Agency, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency applied unstated environmental risk management plan factor in its evaluation of management proposals is denied where record shows that agency provided all offerors identical information during discussions that effectively amended the evaluation criteria of the solicitation. 2. Protest that agency failed to provide protester discussions relating to the adequacy of its environmental risk management plan is denied where record shows (1) agency only assigned protester's proposal a minor weakness in the area--and therefore was not required to discuss the matter--and (2) agency, in fact, afforded protester discussions relating to this aspect of its proposal. 3. Protest relating to reasonableness of the agency's evaluation of protester's and awardee's proposals in the area of environmental risk management plan is denied where record supports agency's conclusions that there were qualitative distinctions between the proposals in this area. 4. Protest relating to the agency's finding that awardee's proposal offered superior past performance is denied where record shows that agency had a reasonable basis for finding the awardee's past performance more relevant than that of other offerors', and the protester's assertions relating to awardee's past performance are based on factually incorrect assumptions. 5. Protest relating to the reasonableness of agency's price evaluation is denied where record shows that agency's evaluation was reasonable and consistent with the terms of the solicitation. DECISION PWC Logistics Services, Inc. protests the award of a contract to Science Applications International Corporation (SAIC) under request for proposals (RFP) No. SPM4A2-06-R-0001, issued by the Defense Logistics Agency (DLA) for the supply, storage and distribution of chemicals, packaged petroleum, oil and lubricating products for military activities. PWC maintains that the agency improperly applied an unstated evaluation criterion, misevaluated proposals, and failed to engage in meaningful discussions.[1] We deny the protest. BACKGROUND DLA is responsible for the wholesale management of the Department of Defense's requirements for packaged petroleum products, oil, and lubricating products (referred to as POLs) under federal supply class (FSC) 9150, and chemical products under FSCs 6810, 6820, 6840 and 6850. To meet those requirements, the agency historically has maintained various field activities that were responsible for comprehensive inventory management (acquisition, storage, distribution and disposal) of the items. In 2005, the Base Realignment and Closure Commission recommended that DLA privatize the wholesale supply, storage and distribution of POLs. Pursuant to that recommendation, the agency engaged in market research, based on which it determined, among other things, to expand the current acquisition to include chemical products. In all, the RFP contemplates privatizing some 4,648 FSC items. The RFP contemplates the award of an indefinite-delivery, indefinite-quantity contract for a base period of 5 years, with a 5-year option period, to provide comprehensive supply chain management for the described POLs and chemicals. Award was to be made on a "best value" basis considering four equally weighted considerations: technical proposal, management proposal, past performance, and price. The non-price considerations combined were significantly more important than price. RFP sect. M, at 1.