Cusseta Laundry

B-417323 May 16, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Robertson & Penn, Inc. (Robertson), of Cusseta, Georgia, doing business as Cusseta Laundry, protests the issuance of an order to B&H PW, LLC (B&H), of Oneonta, Alabama, doing business as Evergreen Linen Solutions, under request for quotations (RFQ) No. W911SF-19-T0003, issued by the Department of the Army for laundry and dry cleaning services. Robertson, the then incumbent contractor, contends that the agency unreasonably failed to consider its quotation. 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 version has been approved for public release. Decision Matter of: Robertson & Penn, Inc. dba Cusseta Laundry File: B-417323 Date: May 16, 2019 Adam K. Lasky, Esq., and Brad Bigos, Esq., Oles Morrison Rinker & Baker, LLP, for the protester. Lawrence P. Block, Esq., and Elizabeth G. Leavy, Esq., Reed Smith LLP, for B&H PW, LLC dba Evergreen Linen Solutions, the intervenor. Scott N. Flesch, Esq., and Bruce H. Robinson, Esq., Department of the Army, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Quotation received after the submission deadline was late and therefore ineligible for consideration where request for quotations included the late submission provision set forth in Federal Acquisition Regulation provision 52.212-1(f)(2)(i). Although this provision refers to "offers" rather than "quotations," it was clear from the agency's inclusion of the provision that it was intended to apply to the quotations received. DECISION Robertson & Penn, Inc. (Robertson), of Cusseta, Georgia, doing business as Cusseta Laundry, protests the issuance of an order to B&H PW, LLC (B&H), of Oneonta, Alabama, doing business as Evergreen Linen Solutions, under request for quotations (RFQ) No. W911SF-19-T0003, issued by the Department of the Army for laundry and dry cleaning services. Robertson, the then incumbent contractor, contends that the agency unreasonably failed to consider its quotation. We deny the protest. BACKGROUND On November 20, 2018, the Army posted the RFQ on the Federal Business Opportunities (FBO) website as a small business set-aside for laundry and dry cleaning services at the Mission and Installation Contracting Command at Fort Benning, Georgia. The RFQ contemplated issuance of a fixed-price order, for a five-year ordering period, to the vendor that submitted the most advantageous offer, considering three evaluation factors: technical capability, past performance, and price. RFQ at 25, 48. The RFQ stated that the non-price factors, when combined, were approximately equal to the price factor. Id. at 25. Elsewhere, the solicitation stated that the order would be issued to the vendor "whose offer conforms to the solicitation requirements and is also the lowest priced."1 Id. at 98. Of relevance here, the solicitation contained instructions for the preparation and submission of quotations. Among other things, the solicitation stated that the "[O]fferor is to provide its submission in accordance with the instructions found herein and within the solicitation provision 52.212-1, Instructions to Offerors - Commercial Items." Id. The referenced solicitation provision, Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offerors--Commercial Items, included the following relevant terms: (f) Late submissions, modifications, revisions, and withdrawals of offers: * * * * * (2)(i) 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; or FAR provision 52.212-1(f)(2)(i); see RFQ at 23. The amended RFQ required submission of quotations by 12:00 p.m. on December 17, 2018.2 RFQ amend. 2 at 1. The Army received Robertson's quotation at 3:22 p.m. on December 17--more than 3 hours after the 12:00 p.m. deadline for submission of quotations. Agency Dismissal Req. at 2. Thereafter, on February 6, 2019, the agency issued the order to B&H for $8,016,140.88. Id. exh. 4, FBO Award Notice at 1-2.