Crosstown Courier Service, Inc.

B-416261 Jul 19, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Crosstown Courier Service, Inc., a service-disabled veteran-owned small business (SDVOSB) of Chicopee, MA, protests the terms of request for quotations (RFQ) No. 36C25018Q0547 issued by the Department of Veterans Affairs for courier services in support of several medical centers and clinics in Virginia. The protester alleges that the solicitation is defective because it does not require vendors to provide detailed information concerning their labor costs, and because it does not require the agency to perform a price realism evaluation. The protest is denied. The protest is denied. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of:  Crosstown Courier Service, Inc. File:  B-416261 Date:  July 19, 2018 Joseph A. Camardo, Esq., Nancy M. Camardo, Esq. Justin T. Huffman, Esq., Camardo Law Firm, PC, for the protester. Donald C. Mobly, Esq., Deborah K. Morrell, Esq., Department of Veterans Affairs, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging terms of solicitation because they do not require labor cost breakdowns from vendors to assess compliance with the requirements of the solicitation is denied where the selected evaluation criteria are reasonable. 2.  Protest alleging that a solicitation is defective for failing to provide for the evaluation of fixed prices for price realism is denied where the agency has wide discretion when deciding whether to include a realism evaluation provision in a solicitation for the award of a fixed-price contract. DECISION Crosstown Courier Service, Inc., a service-disabled veteran-owned small business (SDVOSB) of Chicopee, MA, protests the terms of request for quotations (RFQ) No. 36C25018Q0547 issued by the Department of Veterans Affairs for courier services in support of several medical centers and clinics in Virginia.  The protester alleges that the solicitation is defective because it does not require vendors to provide detailed information concerning their labor costs, and because it does not require the agency to perform a price realism evaluation. The protest is denied. BACKGROUND The RFQ contemplates the purchase of commercial transportation services on a fixed‑price basis using the simplified acquisition procedures of Federal Acquisition Regulation (FAR) part 13.  Agency Report (AR), Memorandum of Law (MOL) at 1, 5.  Because the procurement is for services, it is subject to the service contract labor standards set forth in the Service Contract Act (SCA), 41 U.S.C. §§ 6701-6707.  In this regard, the RFQ provides relevant SCA wage determinations, and requires that vendors:  (1) comply with the SCA wage determinations in paying wages to non-exempt[1] employees; and (2) make certain certifications concerning employees who are exempt from the SCA.  AR, Tab 3, RFQ at 27, 55-56; AR, Tab 7, Wage Determinations.  Additionally, while the RFQ requires vendors to propose pricing on a schedule of services that includes a cost breakdown by contract line item, it does not require a further breakdown of costs by labor category.  RFQ at 40; AR, Tab 4, Schedule of Services.  The RFQ also provides that “[e]ach proposal must include an offer to provide all basic services/supplies required and be in [sic] compliant with Wage Determination for the appropriate county.”  RFQ at 40.  Of note, the RFQ does not explicitly provide for a price realism evaluation. The agency initially issued a RFQ for this requirement on March 5, 2018, and on March 13, Crosstown protested the terms of that RFQ on the basis that it did not include adequate evaluation criteria or require sufficient detail from vendors to show their intent or ability to meet various requirements of the solicitation, including compliance with the SCA and subcontracting limitations.  Protest at 1-2.  On March 27, the agency took corrective action, subsequently cancelling, revising, and reissuing the RFQ on April 4.  Id. at 3.  As a result, we dismissed Crosstown’s protest as academic on April 3, 2018.  Crosstown Courier Service, Inc., B-416129, Apr.