Inspire International

B-413798 Dec 08, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Inspire International, LLC of Normal, Illinois, protests the award of a contract to Lag Sports and Leather Wear LLC, of Alexandria, Virginia, under request for quotations (RFQ) No. W9124D-16-T-0064, issued by the Department of the Army for the provision of embroidered baseball caps. Inspire alleges that the awarded price is so low as to indicate that the awardee will not comply with the Berry Amendment. We deny the protest. We deny the protest. View Decision Decision Matter of:  Inspire International File:  B-413798 Date:  December 8, 2016 Kristin Rae Nowers for the protester. Capt. Jessica E. Hom, Department of the Army, for the agency. Gabriel D. Soll, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that an awardee’s price is so low that it evidences an intent to violate the Berry Amendment is denied where the awardee’s quotation included the required certification of compliance; the agency received additional information confirming the awardee’s intent; and nothing in the awardee’s quotation called into question the protester’s ability or willingness to comply. DECISION Inspire International, LLC of Normal, Illinois, protests the award of a contract to Lag Sports and Leather Wear LLC, of Alexandria, Virginia, under request for quotations (RFQ) No. W9124D-16-T-0064, issued by the Department of the Army for the provision of embroidered baseball caps.  Inspire alleges that the awarded price is so low as to indicate that the awardee will not comply with the Berry Amendment. We deny the protest. BACKGROUND The solicitation, issued as a small-business set-aside, anticipated the award of an indefinite-quantity/indefinite-delivery contract with a 1-year base period and two 1‑year options.  The RFQ sought quotations for the supply of approximately 225,000 baseball caps, specifying that they were to be black, 100 percent cotton twill, low profile, and have a Velcro closure.  RFQ at 49.  The Army’s star logo was to be embroidered on the front of the cap, and the text “goarmy.com” was to be written above the back closure.[1]  Id.  Award of a fixed-price requirements contract was to be made to the responsive, responsible vendor offering the lowest price.  Id. at 4, 36. The solicitation emphasized that the selected contractor must comply with the requirements of the Berry Amendment in providing the caps.  Id. at 3.  The Berry Amendment, codified at 10 U.S.C. § 2533a, generally restricts the Department of Defense’s expenditures for certain items, including articles of clothing, to domestically-produced products.  See 10 U.S.C. § 2533a(b)(1)(B).  The solicitation expressly stated, in this regard, that compliance with the Berry Amendment for the resulting contract meant all processing and manufacturing for the product must be done in the United States and the materials used also had to be domestically produced.  RFQ at 3.  The RFQ contained an explicit warning regarding the agency’s policy of “aggressively pursuing enforcement,” advising vendors to expect closer scrutiny prior to award and describing potential consequences for contractors who fail to deliver domestically‑produced items despite a self-certification of compliance.  Id. The agency received timely quotations from both Lag Sports and the protester.  Agency Report (AR), at 3.  Both companies submitted compliant quotations that included the required representations and certifications regarding the domestic manufacture of the components and end product being offered.  AR, Tab 5, Lag Sports Quotation, at 21-23, 44; AR, Tab 6, Inspire International Quotation, at 21-23.  After completing its evaluation, the Army found that Lag Sports had submitted the lowest-priced, compliant quotation.  In furtherance of the enforcement of the Berry Amendment requirements, the contracting officer requested additional information and confirmation from Lag Sports.  AR, Tab 2, Contracting Officer’s Statement of Facts, ¶¶ 7, 9.  Lag Sports confirmed that all materials, assembly, and embroidery would be performed in the United States.  Further, the awardee reaffirmed the requirements and delivery schedule and identified the mills that would be supplying the fabric it would use, one of which is located in New Jersey and the other in North Carolina.  AR, Tab 7, Correspondence, at 1. On September 22, 2016, a notice of award to Lag Sports was posted to the Federal Business Opportunities website, reflecting a contract maximum of $1,417,500.