Robert F. Hyland & Sons, LLC

B-411726 Sep 22, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Robert F. Hyland & Sons, LLC (Hyland), of Rochester, New York, protests the award of a contract to Check 6, LLC, of Brigham City, Utah, by the Department of the Army, Army Materiel Command under invitation for bids (IFB) No. W25G1V-15-B-0001 for the construction of an enclosed walkway between buildings at Tobyhanna Army Depot in Tobyhanna, Pennsylvania. Hyland contends that the agency's affirmative determination of the awardee's responsibility unreasonably failed to consider available relevant information. We dismiss the protest. We dismiss the protest. View Decision Decision Matter of:  Robert F. Hyland & Sons, LLC File:  B-411726 Date:  September 22, 2015 Michael Zink for the protester. Debra J. Talley, Esq., Department of the Army, for the agency. Jonathan T. Williams, Esq., Piliero Mazza PLLC, for Check 6, LLC, the intervenor. Lois Hanshaw, Esq., Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s affirmative responsibility determination is dismissed where protester has not identified any available relevant information the contracting officer failed to consider in making his determination.  DECISION Robert F. Hyland & Sons, LLC (Hyland), of Rochester, New York, protests the award of a contract to Check 6, LLC, of Brigham City, Utah, by the Department of the Army, Army Materiel Command under invitation for bids (IFB) No. W25G1V-15-B-0001 for the construction of an enclosed walkway between buildings at Tobyhanna Army Depot in Tobyhanna, Pennsylvania.  Hyland contends that the agency’s affirmative determination of the awardee’s responsibility unreasonably failed to consider available relevant information. We dismiss the protest. On February 24, 2015, the IFB was issued as a set-aside for service-disabled, veteran-owned small businesses (SDVOSB).  IFB at 1, 5.  As relevant here, the IFB stated that award would be made to the responsible bidder who submits the lowest-priced, responsive bid.  IFB at 64.  Additionally, the IFB stated that prior to award, the bidder shall provide three references demonstrating successful performance within the last three years of projects similar in scope and magnitude to the current procurement.  IFB at 18.  When bids were timely submitted and opened on April 14, Check 6 was determined to be the apparent low bidder. On April 16, the protester filed a size protest challenging Check 6’s size based on the allegation that Check 6 was overly reliant on its subcontractor.  The protest also challenged Check 6’s status as an eligible SDVOSB.  On May 26, the SBA regional office found that Check 6 was a small business.  AR, Tab 7, SBA Size Determination, at 9.  The decision noted that Check 6 was overly reliant and, therefore, affiliated with its subcontractor.  However, despite this affiliation, Check 6 qualified as a small business because even when the revenue of Check 6 and its affiliate were combined, it was within the applicable size standard.  Id. at 8.  On June 5, the SBA concluded that Check 6 was an SDVOSB.  AR, Tab 8, SBA SDVOSB Determination, at 1.  Hyland appealed the SDVOSB determination to the Office of Hearings and Appeals (OHA).  AR, Tab 9, Appeal of SDVOSB Determination.  On June 29, OHA dismissed the appeal.  AR, Tab 10, OHA Decision, at 2.  After determining that Check 6 was responsible, the agency awarded the contract to Check 6.  On July 2, Hyland protested to our Office.  Hyland claimed that the CO’s responsibility determination for Check 6 unreasonably failed to consider available relevant information regarding Check 6’s past performance information.[1]  Protest at 1-2.  On August 3, the agency submitted its report in response to the protester’s allegations.  The report included the agency’s determination finding Check 6 to be responsibile.  As relevant here, the agency’s responsibility determination discusses Check 6’s past performance, noting that Check 6 had not successfully completed any government contracts, but that its President had previously served as a project manager on over 40 projects totaling more than $3 million in construction services at Hill Air Force Base in Ogden, Utah.