US21, Inc.

B-415552.4 Aug 01, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights US21, Inc., a small business, of Fairfax, Virginia, protests the award of a contract to United Capital Investment Group, Inc. (UCIG) of McLean, Virginia, by the Defense Logistics Agency (DLA) under request for proposals (RFP) No. SP0600-17-R-0211, for delivery of fuels in the Kingdom of Jordan. US21 argues that the agency unreasonably found its proposal unacceptable and that the agency failed to refer the matter to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. We deny the protest. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  US21, Inc. File:  B-415552.4 Date:  August 1, 2018 Christopher R. Shiplett, Esq., Randolph Law, PLLC, for the protester. Lori Ann Lange, Esq., and Nick R. Hoogstraten, Esq., Peckar & Abramson P.C., for United Capital Investment Group, Inc., the intervenor. Howard M. Kaufer, Esq., and Matthew Vasquez, Esq., Defense Logistics Agency, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Challenge to the evaluation of the protester's proposal as unacceptable is denied where the agency reasonably found that the protester failed to provide required information during discussions.  2.  The protester's failure to provide required information did not concern a matter of responsibility, and the agency was therefore not required to refer the matter to the Small Business Administration for a Certificate of Competency determination. DECISION US21, Inc., a small business, of Fairfax, Virginia, protests the award of a contract to United Capital Investment Group, Inc. (UCIG) of McLean, Virginia, by the Defense Logistics Agency (DLA) under request for proposals (RFP) No. SP0600-17-R-0211, for delivery of fuels in the Kingdom of Jordan.  US21 argues that the agency unreasonably found its proposal unacceptable and that the agency failed to refer the matter to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. We deny the protest. BACKGROUND DLA issued the solicitation on May 16, 2017, seeking proposals to provide petroleum products, including aviation turbine fuel (JP8), to various locations in the Kingdom of Jordan.  Agency Report (AR), Tab 1, RFP, at 7-10.[1]  The RFP anticipated the award of a requirements contract with fixed unit prices (subject to economic price adjustment) for a 3-year period of performance.[2]  Id. at 7, 36.  Offerors were required submit prices for contract line item numbers (CLINs) for fuel products, and the RFP specified that award would be made based on lots consisting of groups of CLINs.  RFP at 7-10; Contracting Officer's Statement/Memorandum of Law (COS/MOL) at 3.  The RFP advised that award would be made to the offeror that submitted the lowest-priced, technically acceptable proposal for a particular lot of CLINs.  AR, Tab 11, RFP amend. 6, at 310-11.  US21's protest concerns the award of lot 3 for JP8 fuel, which consisted of CLINs 0005, 0013, and 0016.  Protest at 2. Offerors' proposals were to be evaluated for technical acceptability based on the following three subfactors:  (1) supply, (2) transportation, and (3) quality assurance operations.  RFP at 104.  As relevant here, the RFP instructed offerors to provide certificates of analysis (COAs) for fuel products, as follows:  "Offerors shall submit a copy of a certificate of analysis for all products offered from their supplier/refinery with their offer.  The certificate of analysis should have test results of a recent batch of the required products."  Id. at 2.  The supply subfactor required offerors to provide certificates of quality (COQ) in their proposals, as follows:  "Offerors shall provide certificates of quality for each fuel type from their supplier/refinery or from their storage tanks with their offer.  The certificate of quality should have test results of a recent batch of the required products."  Id. at 104. DLA received proposals from 17 offerors, including US21.  On September 28, 2017, the agency awarded all CLINs to Premier Global Resources.  COS/MOL at 3.  Another offeror, Intermarkets Global USA, LLC, filed a protest with our Office (B-415552) on October 13, 2017.  On November 3, the agency advised our Office that it would take corrective action by revising the solicitation and reopening discussions with offerors.  Based on the agency's notice of corrective action, we dismissed the protest as academic.  Intermarkets Global USA, LLC, B-415552, Nov. 6, 2017, at 2 (unpublished decision). The agency issued RFP amendment No.