URTruckBroker Corporation

B-416249.2 Jun 21, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights URTruckBroker Corporation, of Texarkana, Texas, protests the agency's proposed corrective action following a prior protest filed by URTruckBroker challenging the award of a contract to Owl, Inc., under request for quotations (RFQ) No. 36C25818Q0009, issued by the Department of Veterans Affairs (VA) for the provision of linen transportation services. The protester contends that the agency's intention to terminate the awarded contract, amend the solicitation, and accept revised quotations--rather than simply reevaluate the submitted quotations under the original criteria--is an unreasonable response to its earlier protest challenging the agency's evaluation process. We deny the protest. We deny the protest. View Decision Decision Matter of:  URTruckBroker Corporation File:  B-416249.2 Date:  June 21, 2018 Brian Simbirski, Niagara Consulting, for the protester. Melody A. Goldberg, Esq., Department of Veterans Affairs, for the agency. Mary-Catherine P. Overcash, Todd C. Culliton, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision to clarify terms of solicitation as part of corrective action is denied where the solicitation was ambiguous regarding the basis for award since it included language indicating that award would be made using a best‑value tradeoff source selection process, as well as language indicating that award would be made to the firm submitting the lowest‑priced, technically acceptable quotation. DECISION URTruckBroker Corporation, of Texarkana, Texas, protests the agency’s proposed corrective action following a prior protest filed by URTruckBroker challenging the award of a contract to Owl, Inc., under request for quotations (RFQ) No. 36C25818Q0009, issued by the Department of Veterans Affairs (VA) for the provision of linen transportation services.  The protester contends that the agency’s intention to terminate the awarded contract, amend the solicitation, and accept revised quotations--rather than simply reevaluate the submitted quotations under the original criteria--is an unreasonable response to its earlier protest challenging the agency’s evaluation process. We deny the protest. BACKGROUND The RFQ, issued on January 18, 2018, contemplated the award of a fixed‑price contract with a 7‑month base period of performance, and three 1‑year option periods for the provision of linen transportation services to the Northern Arizona Veterans Affairs Health Care System in Prescott, Arizona, and the Southern Veterans Affairs Health Care System in Tucson, Arizona.  RFQ at 5‑8, 26. The solicitation provided that award would be made on the basis of the agency’s consideration of three factors:  technical, past performance, and price.  Id. at 69‑70.  The solicitation specified that the non-price factors (technical and past performance), “when combined, are approximately equal to Cost or Price.”  Id. at 68‑69. The solicitation also indicated that the VA would use the lowest‑price, technically acceptable (LPTA) process to make its source selection decision.  Id. at 69.  In this regard, under the price factor, the RFQ established that “[a]ward will be made on the basis of the lowest evaluated price of the [quotation] meeting or exceeding the acceptability standards for non‑cost factors/sub‑factors,” id. at 70, and, with respect to the past performance factor, the RFQ provided that the agency would evaluate quotations using ratings of “acceptable” and “unacceptable,” id. at 69. Quotations were due by February 2, after which the agency proceeded with its evaluations, including the evaluations of the quotations submitted by the protester and Owl, Inc.  Contracting Officer’s Statements (COS) ¶¶ 1‑2.  The agency found URTruckBroker to be technically unacceptable during the evaluation process and awarded the contract to Owl, Inc., on March 28.  Id.