Walker Development & Trading Group, Inc.
Case: B-413931
Agency: Department of Veterans Affairs
Protester: Walker Development & Trading Group, Inc.
Date: 2017-01-12
Denied
B-413931
Jan 12, 2017
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Highlights
Walker Development & Trading Group, Inc., of Reno, Nevada, a small business, protests the award of a contract to Railroad Cleaners, of Pittsburg, California, by the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. VA262-16-Q-0769 for hospital linen and uniform laundry services for VA hospitals in the San Diego, California area. Walker argues that the quotations were misevaluated and that its quotation was improperly rejected as unacceptable.
We deny the protest.
We deny the protest.
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Decision
Matter of: Walker Development & Trading Group, Inc.
File: B-413931
Date: January 12, 2017
Terrance Walker, for the protester.
Michelle F. Kantor, Esq., and Mary I. Edquist, Esq., McDonald Hopkins LLC, for RRC Commercial Inc., the intervenor.
David G. Fagan, Esq., Department of Veterans Affairs, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that agency misevaluated awardee’s quotation is denied where record shows that evaluation of awardee’s lower-priced quotation was reasonable and consistent with evaluation criteria.
DECISION
Walker Development & Trading Group, Inc., of Reno, Nevada, a small business, protests the award of a contract to Railroad Cleaners, of Pittsburg, California, by the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. VA262-16-Q-0769 for hospital linen and uniform laundry services for VA hospitals in the San Diego, California area. Walker argues that the quotations were misevaluated and that its quotation was improperly rejected as unacceptable.
We deny the protest.
The VA issued the RFQ on July 7, 2016, as a simplified acquisition commercial item solicitation, seeking quotations for a contractor to provide laundry services for a base year and up to 4 option years under an indefinite-delivery/indefinite-quantity fixed-price contract. RFQ at 5, 15, 88. The VA subsequently amended the RFQ to designate the procurement as a small business set-aside. RFQ amend. 4 at 2.[1]
Among other things, the RFQ contained the following provisions:
3.10. Certification Requirements. Contractor’s personnel performing services shall be fully qualified.
3.10.1 “Fully qualified” is defined as trained and experienced to perform the services assigned.
The Contractor shall provide written verification of the competency of their personnel and a list of credentials of approved personnel for placement at the Department of Veteran Affairs medical facility.
3.10.2 The Contractor shall also be required to update this information as changes to staff are made, throughout the life of the contract. The Government Contracting Officer’s Representative (COR) reserves the right to reject any of the Contractor’s personnel and refuse them permission to work with VA employees if they are determined not “fully qualified” or documentation has not been submitted, and approval given, for the Contractor’s personnel to provide needed services.
RFQ at 14.
Separately, the RFQ also stated that the “[c]ontractor must be verified under NAICS [North American Industry Classification System] 812332 - Industrial Launderers and be registered in SAM [System for Award Management] in order to be eligible for award.” RFQ at 68.
Quotations were to be evaluated to determine technical acceptability on a pass/fail basis, and to establish an “aggregate total price” based on estimated quantities of the linen and uniform items for which services would be required. RFQ at 70. With respect to technical acceptability, the RFQ specified that the evaluation would be based on three subfactors. One subfactor assessed the suitability of the design of the offeror’s facility to segregate clean linen from soiled linen, the second regarded aspects of the offeror’s quality assurance program,[2] and the third assessed the vendor’s contingency plan to ensure services would continue despite various types of disruptions. Id. The RFQ also stated that a contract[3] would be awarded to the firm that submitted the lowest-priced technically acceptable quotation. Id.
Several days before quotations were due, the president of Walker sent an email to the VA contract specialist. The email noted that a different VA solicitation for laundry services had expressly included a requirement for offerors to possess a current accreditation from the Healthcare Laundry Accreditation Council (HLAC), and had also expressly required that the services be performed according to HLAC standards. Walker’s president then asked “[c]an you clarify if this is the certification or qualification we should have?” Protester’s Comments (Nov. 9, 2016), exh.
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