American Warehouse Systems, LLC

B-412543 Mar 01, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights American Warehouse Systems, LLC (AWS), of Blaine, Minnesota, protests the corrective action taken by the Department of Justice, Federal Prison Industries, Inc. (UNICOR), in response to AWS's earlier protest of the award of a contract to Russco, of Santa Maria, California, under a request for quotations (RFQ) issued by UNICOR for a multi-level file storage system at the National Records Center in Lee's Summit, Missouri. AWS objects to the agency's decision to issue a new solicitation for the shelving and asserts that it should be awarded the contract under the original RFQ. We deny the protest. We deny the protest. View Decision Decision Matter of:  American Warehouse Systems, LLC File:  B-412543 Date:  March 1, 2016 Michael J. Murphy, Esq., Morrison Sund PLLC, for the protester. William D. Robinson, Esq., and Hayley Hoffman, Esq., Department of Justice, Federal Bureau of Prisons, for the agency. Noah B. Bleicher, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s corrective action in response to an earlier protest is denied where the agency had a reasonable basis to issue a new solicitation rather than awarding the contract to the protester. DECISION American Warehouse Systems, LLC (AWS), of Blaine, Minnesota, protests the corrective action taken by the Department of Justice, Federal Prison Industries, Inc. (UNICOR),[1] in response to AWS’s earlier protest of the award of a contract to Russco, of Santa Maria, California, under a request for quotations (RFQ) issued by UNICOR for a multi-level file storage system at the National Records Center in Lee’s Summit, Missouri.  AWS objects to the agency’s decision to issue a new solicitation for the shelving and asserts that it should be awarded the contract under the original RFQ. We deny the protest. In June 2015, UNICOR issued an RFQ for the shelving system and provided vendors, including AWS, a revised RFQ on August 3.  Contracting Officer’s (CO) Statement at 1.  The seven-page revised RFQ, which was unnumbered, included specifications and requirements for the shelving system and identified several line items that vendors were to separately quote, including a line item for the shelving components and a line item for the installation of the shelving.  RFQ at 1-7.  AWS submitted a quotation in response to the August RFQ.  CO Statement at 1.  Thereafter, UNICOR awarded two contracts:  one to Russco for the shelving materials and another to AWS to install the shelving system.  Id. On October 1, AWS filed a protest with our Office challenging the contract award to Russco.  Specifically, AWS asserted that it was improper for the agency to award separate installation and supply contracts under the RFQ.  Protest (B-412209) at 5.  In its view, AWS should have been awarded the contract (for both aspects of the RFQ) as the “sole responsive, responsible offeror capable of delivering and installing the [] complete catwalk shelving system . . . that meets or exceeds the Agency’s stated requirements.”[2]  Id. at 7. The agency took corrective action in response to AWS’s protest.  Specifically, by letters of November 2 and 5, the agency reported that it intended to cancel the contracts awarded under the RFQ, amend the statement of work to accurately reflect the agency’s needs and requirements, and resolicit the requirement.  Notice of Corrective Action at 1.  Based on the agency’s corrective action, our Office dismissed as academic AWS’s protest.  See American Warehouse Sys., B-412209, Nov. 9, 2015 (unpublished decision). On December 4, UNICOR issued a new solicitation for the shelving system as a request for proposals (RFP) (RFP No. MT1411-16) pursuant to the commercial item acquisition procedures of Federal Acquisition Regulation (FAR) subpart 12.6.  RFP at 1.  The RFP expressly contemplates the award of one or two fixed-price contracts.  Id.  Pursuant to the RFP, one award (referred to as Package A) will be made for “design-layout and engineering and delivery of a catwalk/mezzanine system, lifts, and shelving units.”  Id.  The other award (Package B) will be for the “installation of the catwalk/mezzanine system, lifts, shelving units, and all other components of the two-tier shelving system.”  Id.  The RFP provides that offerors are permitted to bid on Package A, Package B, or both.  Id. at 2. In addition, the RFP includes separate statements of work (SOW) and proposal instructions for the two packages.  Id. at 3-9.  For Package A, the RFP requires offerors to submit for evaluation a draft “design-layout” and bid samples (to establish compatibility with UNICOR-provided shelving components.) [3]  Id. at 6-7.  For Package B, the RFP instructs offerors to submit for review a draft installation plan.  Id.