Al-Tahouna Al-Ahliah General Trading-Contracting Company, WLL

B-411505 Aug 11, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Al-Tahouna Al-Ahliah General Trading & Contracting Company W.L.L. (Al-Tahouna), of Hawally, Kuwait, protests the awards to Al-Baz 2000 General Trading & Contracting Company W.L.L. (Al-Baz), of Hawally, Kuwait, and Class Worldwide General Trading LLC (CWGT), of Dubai, United Arab Emirates (UAE), under invitation for bids (IFB) No. 39-4604, which was issued by the Defense Logistics Agency (DLA), for the sale of metallic scrap located in Bahrain. Al-Tahouna alleges that DLA unreasonably made award to Al-Baz and CWGT, who bid lower rates per pound for the scrap metal than proposed by the protester, because the agency failed to consider the protester's timely submitted, higher-priced bid. DLA responds that it did not receive a bid from Al-Tahouna prior to the bid submission deadline. We deny the protest. We deny the protest. View Decision Decision Matter of:      Al-Tahouna Al-Ahliah General Trading & Contracting Company W.L.L. File:                B-411505 Date:              August 11, 2015 Meshal Al-Otaibi, for the protester. Robin E. Walters, Esq., Defense Logistics Agency, for the agency. Evan D. Wesser, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency’s awards of contracts for the sale of scrap metal to two offerors who bid lower rates per pound than the protester is denied where the record does not demonstrate that the agency received the protester’s higher-priced bid before the submission deadline. DECISION Al-Tahouna Al-Ahliah General Trading & Contracting Company W.L.L. (Al‑Tahouna), of Hawally, Kuwait, protests the awards to Al-Baz 2000 General Trading & Contracting Company W.L.L. (Al-Baz), of Hawally, Kuwait, and Class Worldwide General Trading LLC (CWGT), of Dubai, United Arab Emirates (UAE), under invitation for bids (IFB) No. 39-4604, which was issued by the Defense Logistics Agency (DLA), for the sale of metallic scrap located in Bahrain.[1]  Al-Tahouna alleges that DLA unreasonably made award to Al-Baz and CWGT, who bid lower rates per pound for the scrap metal than proposed by the protester, because the agency failed to consider the protester’s timely submitted, higher-priced bid.  DLA responds that it did not receive a bid from Al-Tahouna prior to the bid submission deadline. We deny the protest. BACKGROUND On November 19, 2014, DLA issued the IFB seeking bids for the purchase of mixed metallic and electronic scrap in Bahrain.  Relevant to the issues in the protest, the IFB contemplated the award of one or more awards for metallic scrap with a 1-year base period and up to two 1-year options.  IFB at 6, 9.  The IFB contemplated that each awardee would be guaranteed the right to purchase a minimum quantity of 20,000 pounds of metallic scrap, with a maximum potential quantity of 20,000,000 pounds.  Id. at 9.  Awards were to be made to the highest-priced, responsive, responsible bidder(s).  Id. at 8. The IFB stated that bids would be accepted until the specified date and time set for bid opening, and warned that “[b]ids and all required documentation received after the bid opening date may be determined late and not considered.”  Id. at 2.  The IFB further provided that “[b]ids must be in the possession of the Sales Contracting Officer by the hour (exact time) specified for the bid opening.”  Id. at 17.  Bidders were permitted to submit their bids by email.  Id.  The IFB, however, specifically advised offerors that “[i]t is the bidder’s responsibility to confirm receipt of email bids (via phone or email).”  Id. DLA extended the original bid submission deadline from December 4 at 3 p.m. Bahrain Standard Time (BST) until December 18 at 3 p.m. BST.  Contracting Officer’s Statement of Facts (COSF) (June 8, 2015) ¶ 2.  The agency received 19 responsive bids and 4 non-responsive bids for the metallic scrap portion of the IFB by the revised bid submission deadline.  AR, Tab 2, Bid Abstract, at 1-2.  DLA represents that it did not receive a bid from Al-Tahouna prior to the bid submission deadline, and no bidder communicated any transmission difficulties to DLA.  COSF (June 8, 2015) ¶ 5.  Of the timely bids received by DLA, Al-Baz proposed the highest price of $0.32/pound, and CWGT proposed the next highest price of $0.30/pound.  AR, Tab 2, Bid Abstract, at 1.  On March 13, the agency made awards to Al-Baz and CWGT.  COSF (June 8, 2015) ¶ 5. Contemporaneously with the issuance of the IFB for the Bahrain sale, the same DLA contracting officer (CO) also issued IFBs for similar metallic and electronic scrap sales for Kuwait and UAE.  Id. ¶ 3.  The CO consolidated the email lists used to communicate with bidders for all three IFBs.  Id.  The list of successful offerors for the Bahrain IFB was sent to the consolidated bidders’ email list on March 16.  Id. ¶ 7; Protest (May 7, 2015), attach.