Dehler Manufacturing Co., Inc.

B-416939 Jan 10, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Dehler Manufacturing Co, Inc., of San Antonio, Texas, protests the issuance of a delivery order to J. Squared, Inc., d/b/a University Loft Company (University Loft), of Greenfield, Indiana, under request for quotations (RFQ) No. W912DY-18-T-0144, issued by the Department of the Army, Army Corps of Engineers, Huntsville Engineering & Support Center (Corps), for furniture items. Dehler argues the Corps' evaluation of the vendor's quotation was improper, and that the Small Business Administration (SBA) erred in denying Dehler a Certificate of Competency (COC) because the procuring agency failed to present vital information to the SBA bearing on the firm's responsibility. 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: Dehler Manufacturing Co., Inc. File: B-416939 Date: January 10, 2019 Kristi Morgan Aronica, Esq., and Mark A. Weitz, Esq., Weitz Morgan PLLC, for the protester. Howard J. Stanislawski, Esq., and Patrick K. O'Keefe, Esq., Sidley Austin LLP, on behalf of J. Squared, Inc., d/b/a University Loft Company, the intervenor. Garry L. Brewer, Esq., Department of the Army, and Sam Q. Le, Esq., Small Business Administration, for the agencies. Louis A. Chiarella, and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the Small Business Administration (SBA) failed to consider vital information bearing on the protester's responsibility in denying the issuance of a certificate of competency is denied where there is no evidence that the procuring agency provided incorrect information or withheld information from the SBA. DECISION Dehler Manufacturing Co, Inc., of San Antonio, Texas, protests the issuance of a delivery order to J. Squared, Inc., d/b/a University Loft Company (University Loft), of Greenfield, Indiana, under request for quotations (RFQ) No. W912DY-18-T-0144, issued by the Department of the Army, Army Corps of Engineers, Huntsville Engineering & Support Center (Corps), for furniture items. Dehler argues the Corps' evaluation of the vendor's quotation was improper, and that the Small Business Administration (SBA) erred in denying Dehler a Certificate of Competency (COC) because the procuring agency failed to present vital information to the SBA bearing on the firm's responsibility. We deny the protest. BACKGROUND The RFQ was issued on April 6, 2018, as a small business set-aside to holders of General Services Administration Federal Supply Schedule contracts for furniture under the procedures of Federal Acquisition Regulation (FAR) subpart 8.4. Agency Report (AR), Tab 1, RFQ, at 1; Army Memorandum of Law (MOL) at 1. The solicitation contemplated the issuance of a fixed-price order for the delivery and installation of bedroom furniture (i.e., beds, mattresses, wardrobes) for unaccompanied personnel housing at Fort A.P. Hill, Virginia. RFQ at 2-3. Award was to be made on a lowest-priced, technically acceptable (LPTA) basis using three nonprice factors, including past performance. RFQ at 12. Dehler and University Loft were among the vendors that submitted quotations by the May 8 closing date. The Corps evaluated Dehler's quotation and found the vendor's past performance to be unacceptable.1 Contracting Officer's Statement at 1; AR, Tab 13, Abstract of Quotations, at 2. On August 6, the contracting officer referred the matter to the SBA under the SBA's COC procedures. AR, Tab 16, Dehler COC Referral, at 1-2. On August 14, Dehler received notice from the SBA of the referral regarding the vendor's unacceptable past performance and opportunity to submit a COC application.2 Id. at 1-2. Dehler timely applied for a COC with the SBA. On August 29, after performing an independent review, the SBA concluded that it would not issue Dehler a COC. AR, Tab 27, SBA Letter to Dehler, Aug. 29, 2018. Having been notified by the SBA of its decision not to issue Dehler a COC, the Corps issued the delivery order to University Loft. AR, Tab 30, Award Determination Memorandum, at 2-3, Tab 27, SBA Letter to Contracting Officer, Aug. 29, 2018. This protest followed. DISCUSSION Dehler challenges the Corps' evaluation of the vendor's quotation which resulted in the COC referral to the SBA. Dehler also asserts that the SBA erred in refusing to issue the protester a COC, because the Corps failed to present vital information to the SBA as part of its review. Protest at 4.