B-311143, Harris Enterprises, Inc., March 27, 2008

B-311143 Mar 27, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Harris Enterprises, Inc. protests the terms of request for proposals (RFP) No. SSA-RFP-08-1028, issued by the Social Security Administration (SSA) for warehouse support services. Harris, the incumbent contractor, asserts that the solicitation is unduly restrictive of competition because it requires offerors to have current certification under International Standards Organization (ISO) 9001:2000. We deny the protest. View Decision B-311143, Harris Enterprises, Inc., March 27, 2008 Decision Matter of: Harris Enterprises, Inc. File: B-311143 Date: March 27, 2008 George Sigler for the protester. Mark S. Ledford, Esq., and Uri Ko, Esq., Social Security Administration, for the agency. Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In solicitation for warehouse support services, requirement that awardee be registered as ISO-9001:2000 compliant is unobjectionable where agency reasonably determined that contractor meeting strict quality assurance standards will best be able to meet agency's need for handling of security sensitive items, including personally identifiable information. DECISION Harris Enterprises, Inc. protests the terms of request for proposals (RFP) No. SSA-RFP-08-1028, issued by the Social Security Administration (SSA) for warehouse support services. Harris, the incumbent contractor, asserts that the solicitation is unduly restrictive of competition because it requires offerors to have current certification under International Standards Organization (ISO) 9001:2000.[1] We deny the protest. SSA issued the RFP on January 11, 2008 as a competitive section 8(a) set-aside for management, labor, supplies, equipment, materials, and transportation necessary to perform warehouse support services in Maryland. The RFP included a requirement that the successful offeror be ISO 9001:2000 certified by the date specified for receipt of offers, February 1. RFP at 7, 67. Prior to the February 1 closing time, Harris filed this protest, asserting that the ISO 9001 requirement is restrictive of competition and exceeds the agency's actual needs. The determination of a contracting agency's needs and the best method of accommodating them are matters primarily within the agency's discretion. Systems Application & Techs., Inc., B'270672, Apr. 8, 1996, 96-1 CPD para. 182 at 3. However, where a protester challenges a specification as unduly restrictive of competition, we will review the record to determine whether the restrictions imposed are reasonably related to the agency's needs. Id.; LBM Inc., B'286271, Dec. 1, 2000, 2000 CPD para. 194 at 3. The ISO 9001 requirement here is unobjectionable. The agency explains that the warehouses here handle materials containing security related information, including personally identifiable information (PII) such as names, addresses, and social security numbers. In this regard, the warehouses receive all of SSA's excess computers, which contain PII, and ships out SSA's new laptop computers, which are loaded with SSA's encryption software. The warehouses also store and ship other security sensitive items, such as the equipment used to create personnel credentials that allow SSA employees to enter secure buildings and to log on to secure computers. Finally, the warehouses store precious metals and handle hazardous materials that require adherence to a strict set of procedures. The agency explains that protecting these materials and maintaining a high standard for their handling has become one of SSA's primary concerns, and that the business process improvements offered by an ISO 9001 certified contractor would provide the –best possible assurance that the contractor is protecting the integrity of SSA's PII, PII-related equipment, precious metals, and hazardous materials.— Legal Memorandum at 6. We see no reason why the agency should not be permitted to adopt a requirement aimed at ensuring the highest level of quality assurance, particularly in light of the sensitive nature of the materials involved here. Since ISO 9001 is intended to ensure quality management systems--by requiring, among other things, that firms monitor processes to ensure that they are effective, keep adequate records, check for defects, and regularly review the quality system itself--we think the agency could reasonably conclude that a requirement for ISO 9001 certification will help ensure that the contractor will provide the highest level of quality control in providing the required warehousing services.[2] AR, Tab7. Harris asserts that the need to protect PII and other security sensitive items, and the need for quality control in handling hazardous materials were already contained in Harris's previous contract, and that the agency's claim that ISO 9001 is necessary here therefore is unfounded.