United Globe Auto Body LLC

Case: B-410738 Agency: Department of Defense : Defense Logistics Agency Protester: United Globe Auto Body LLC Date: 2015-02-03 Denied
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B-410738 Feb 03, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights United Globe Auto Body LLC, of Takoma Park, Maryland, protests the award of contracts to Bahrain Petroleum Company B.S.C. of Sitra Port, Bahrain, and Hyundai Corporation of Daesan, South Korea, under request for proposals (RFP) No. SP0600-14-R-0007 issued by the Defense Logistics Agency, Defense Logistics Agency Energy (DLA Energy), for a quantity of Jet A1 fuel. United Globe contends that the agency improperly rejected its proposal for failing to comply with the solicitation's requirements for a quality control plan. We deny the protest. We deny the protest. View Decision Decision Matter of: United Globe Auto Body LLC File: B-410738 Date: February 3, 2015 Razak Dosunmu for the protester. Kay Bushman, Esq., Defense Logistics Agency, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably rejected protester’s proposal where record shows that the protester failed to submit evidence of a quality control plan as required by the terms of the solicitation. DECISION United Globe Auto Body LLC, of Takoma Park, Maryland, protests the award of contracts to Bahrain Petroleum Company B.S.C. of Sitra Port, Bahrain, and Hyundai Corporation of Daesan, South Korea, under request for proposals (RFP) No. SP0600-14-R-0007 issued by the Defense Logistics Agency, Defense Logistics Agency Energy (DLA Energy), for a quantity of Jet A1 fuel. United Globe contends that the agency improperly rejected its proposal for failing to comply with the solicitation’s requirements for a quality control plan. We deny the protest. DLA Energy is the government agency responsible for acquiring energy related products and services for the Department of Defense worldwide and for federal civilian agencies. In support of its mission, DLA Energy is responsible for procuring large volumes of military and commercial specification aviation and marine diesel fuel for the military services. Issued on April 28, 2014, and amended several times, the RFP sought to acquire aviation and fuel requirements for the Western Pacific and Middle East regions. RFP at 4-16. This protest involves the competition for providing 207,000,000 gallons of Jet A1 fuel. Id. at 4. The solicitation contemplated awards of indefinite-quantity, fixed-price contracts with economic price adjustments for 1 year. Id. at 68. The RFP identified two evaluation factors--technical acceptability, and price. The technical acceptability factor included four equally-weighted subfactors: (1) supplies or services and price/costs (section B); (2) description/specifications/statement of work (section C); (3) inspection and acceptance (section E); and (4) deliveries or performance (section F). Id. at C-20. According to the RFP, the technical acceptability factor and subfactors were to be evaluated on an acceptable/unacceptable basis. Id. Under each factor and subfactor, the RFP set forth detailed instructions regarding the preparation of proposals. As relevant here, with respect to inspection and acceptance (section E), the RFP described the government’s requirements for a quality control plan (QCP). The required QCP is to reflect how the offeror will provide and maintain an inspection system during contract performance. Plans are required to include, among other things, the identification of key operational positions, a schematic diagram of plant facilities pertinent to the inspection system, indicating all inspection points, and a description of various operations, such as receiving, blending and compounding, sampling, testing, calibration, storage and handling, loading and shipping, records and reports, and corrective action. Id. at 27-28. According to the RFP instructions, offerors were required to demonstrate, among other things, their “understanding of the quality assurance requirements in E1 of the solicitation and provide evidence of an acceptable inspection system via the submission and acceptance of the supporting documentation required under Section E.” Id. at C-17. According to the solicitation, offerors could meet this requirement in one of two ways--by providing a copy of the dated coversheet and table of contents of an existing QCP, or submitting an outline of a proposed QCP, limited to 2 pages. Agency Report (AR) exh. 8, Offeror Submission Package, at O-10. Several firms submitted proposals in response to the RFP, including United Globe. In its initial proposal, United Globe offered to provide 207,000,000 gallons of Jet A1 fuel with delivery by tanker as a ship-to-ship transfer near Nigeria. Id. exh. 23, United Globe’s Proposal, at 7.

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