VS Aviation Services, LLC

B-416538 Oct 03, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights VS Aviation Services, LLC, a small business of Grand Rapids, Michigan, protests the award of a contract to Earle Kinlaw and Associates, Inc., a small business of Grayson, Georgia, under request for quotations (RFQ) No. F3QCCM7348A101, issued by the Department of the Air Force for the purchase of utility carts. The protester objects to the Air Force's decision not to consider the vendor's lower-priced quotation. We deny the protest. We deny the protest. View Decision Decision Matter of:  VS Aviation Services, LLC File:  B-416538 Date:  October 03, 2018 Samer W. Karadsheh, for the protester. Benjamin M. Diliberto, Esq., Department of the Air Force, for the agency. Noah B. Bleicher, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision not to consider vendor’s quotation is denied where the quotation was not received by the agency in a manner consistent with the terms of the solicitation. DECISION VS Aviation Services, LLC, a small business of Grand Rapids, Michigan, protests the award of a contract to Earle Kinlaw and Associates, Inc., a small business of Grayson, Georgia, under request for quotations (RFQ) No. F3QCCM7348A101, issued by the Department of the Air Force for the purchase of utility carts.  The protester objects to the Air Force’s decision not to consider the vendor’s lower-priced quotation. We deny the protest. BACKGROUND The RFQ, issued on May 3, 2018, as a combined synopsis/solicitation pursuant to Federal Acquisition Regulation (FAR) subpart 12.6, sought quotations for the award of a 5-year, fixed-price requirements contract for approximately 300 “golf/utility carts.”  Agency Report (AR), Tab 4, Conformed RFQ, at 1.  Per the RFQ, award was to be made to the vendor that submitted the most advantageous quotation, considering price and technical specifications.  Id. at 4.  The RFQ further provided that quotations were to be submitted via email by 12:00 p.m., Eastern Daylight Time (EDT), on May 18, to the contracting officer and contract specialist, whose email addresses were specified in the RFQ.  Id. at 1.  In addition, the RFQ incorporated by reference the late submission rules of FAR provision 52.212-1, which provides that “[o]fferors are responsible for submitting offers . . . so as to reach the Government office designated in the solicitation by the time specified in the solicitation.”  FAR provision 52.212-1(f)(1); RFQ at 2.  The provision further provides as follows:  Any offer . . . received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers . . . . FAR provision 52.212-1(f)(2)(i). The contracting officer and the contract specialist report that by 12:00 p.m. EDT on May 18 they received “several” quotations in their email mailboxes.  Contracting Officer’s Statement (COS) at 1; Decl. of Contract Specialist at 1.  The agency maintains that it did not receive a quotation from VS Aviation.  COS at 1.  Following its evaluation of quotations, on June 18, the agency awarded the contract to Earle Kinlaw for $6,439,369.  Id.; AR, Tab 5, Federal Business Opportunities (FBO) Award Notice, at 1.  After reviewing the notice of award on the FBO website, a representative from VS Aviation emailed the contracting officer to request a post-award debriefing from the agency.  Protest, exh. 7, Request for Debriefing, at 1.  By email of June 21, the contracting officer advised the representative from VS Aviation that the agency never received a quotation from the vendor.