SSI Technology, Inc.

B-414204.3 Sep 12, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights SSI Technology, Inc. (SSI), a small business, of Sterling Heights, MI, protests the award of a purchase order to Phoenix Trading, Inc. (PTI), of Rockville, MD, under request for quotations (RFQ) No. SPE7M5-16-U-0429, issued by the Defense Logistics Agency, Land and Maritime (DLA), for liquid fuel water separators. SSI asserts that the awardee cannot supply the product of an approved source, as required by the RFQ, and that the agency's best-value source selection was improper. We deny the protest. We deny the protest. View Decision Decision Matter of:  SSI Technology, Inc. File:  B-414204.3 Date:  September 12, 2017 Robert A. Bloom for the protester. Mandy W. Chiles, Esq., and John J. Pritchard, Esq., Defense Logistics Agency, for the agency. Frank Maguire, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protester's challenge to the agency's use of best-value procedures is denied where, although the solicitation does not use the phrase "best value" in describing evaluation procedures, it sets forth evaluation criteria that effectively require a best-value analysis. 2.  Agency's best-value tradeoff decision was reasonable where protester's past performance history was poor and the contracting officer concluded that it was worth paying a higher price and accepting a longer delivery time in order to ensure timely contract performance. DECISION SSI Technology, Inc. (SSI), a small business, of Sterling Heights, MI, protests the award of a purchase order to Phoenix Trading, Inc. (PTI), of Rockville, MD, under request for quotations (RFQ) No. SPE7M5-16-U-0429, issued by the Defense Logistics Agency, Land and Maritime (DLA), for liquid fuel water separators.  SSI asserts that the awardee cannot supply the product of an approved source, as required by the RFQ, and that the agency's best-value source selection was improper. We deny the protest. BACKGROUND The RFQ, which was issued on August 12, 2016, sought quotations for the supply of 249 liquid fuel water separators identified by National Stock Number 4330-00-410-1212.  RFQ at 4-5.  The solicitation identified the following approved sources for the item: SSI Technology (51819) P/N FWS2000 Ban Mah (60658) P/N F-0301 RFQ at 5.[1] The RFQ incorporated by reference the terms and conditions set forth in the DLA Master Solicitation for eProcurement Automated Simplified Acquisitions (Part 13) (Master Solicitation).  RFQ at 1.  With regard to source selection, the Master Solicitation provides: If the requirement is evaluated manually,[2] price, delivery, and past performance will be considered in accordance with the terms in the solicitation.  Since delivery is an evaluation factor, there may be an evaluation preference for quotes/offers of fewer delivery days than the number of delivery days requested by the Government.  AR, Tab 4, at 5. Seven quotations were received in response to the RFQ.  AR, Tab 7, Abstract of Quotes.  SSI quoted a unit price of $305 with delivery within 180 days.  CO Report at 2.  SSI quoted as a manufacturer, offering to provide its own product.  Id.  PTI quoted a unit price of $409, with delivery of 350 days.  PTI quoted as a dealer, offering to provide a product manufactured by Ban-Mah/Dan Mar.[3]  Id.   On December 13, 2016, SSI filed a protest with our Office, challenging award of the purchase order to PTI.  On December 21, 2016, DLA advised our Office that it had determined that its award decision was not adequately documented; consequently it decided to take corrective action consisting of reevaluating quotations and making a new award decision.  Id.  On January 10, 2017, we dismissed the protest as academic.  SSI Technology, Inc., B-414204, Jan. 10, 2017 (unpublished decision). After reevaluating, the CO again decided to award to PTI, finding that its quotation represented the best value to the government.  CO Report at 3.  On February 17, SSI filed another protest with our Office, challenging the award decision.  On March 3, DLA advised us that it would take corrective action by again reevaluating and making a new award decision.  On March 7, we dismissed the protest as academic.  SSI Technology, Inc., B-414204.2, Mar.