Tribologik Corporation

B-417532 Aug 02, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Tribologik Corporation, a small business concern located in Hammond, Indiana, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N64498-19-R-4002, issued by the Department of the Navy, Naval Surface Warfare Center, for services related to the testing and analysis of lubricating oil used in Navy ships. The protester asserts that the agency unreasonably evaluated its proposal, resulting in the improper exclusion of its proposal from the competitive range. We dismiss the protest in part and deny it in part. View Decision Decision Matter of:  Tribologik Corporation File:  B-417532 Date:  August 2, 2019 Nicholas Reich for the protester. Paul Scheck, Esq., Department of the Navy, for the agency. Christopher An, Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.Receipt of an agency-level protest decision on a day when the protester’s offices were closed and where the protester did not actually read the decision did not constitute actual or constructive knowledge of the adverse agency action. 2.Protest alleging that the procurement should have been set aside for small business concerns is dismissed as an untimely challenge to the terms of the solicitation. 3.Protest challenging the agency’s evaluation of the protester’s proposal is denied where the record reflects that the agency’s evaluation was reasonable and consistent with the terms of the solicitation. DECISION Tribologik Corporation, a small business concern located in Hammond, Indiana, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N64498-19-R-4002, issued by the Department of the Navy, Naval Surface Warfare Center, for services related to the testing and analysis of lubricating oil used in Navy ships.  The protester asserts that the agency unreasonably evaluated its proposal, resulting in the improper exclusion of its proposal from the competitive range.[1] We dismiss the protest in part and deny it in part. BACKGROUND On October 16, 2018, the Navy issued the RFP on an unrestricted basis.  RFP at 1.  The solicitation sought proposals to test and analyze oil samples used in Navy ships.  RFP, Amend. 2, Revised Performance Work Statement (PWS), at 7-8.  The services are intended to support the Material Integrity, Assessment, and Compliance Branch (Code 331) of the Naval Surface Warfare Center, Philadelphia Division (NSWCPD)--the branch responsible for the Navy’s Lube Oil Quality Management Program.  Id.  The solicitation contemplated the award of a single indefinite-delivery, indefinite-quantity (IDIQ) contract with a 5-year ordering period.  RFP at 3, 169.  Orders issued under the contract would be fixed-price.  Id. at 3.  The solicitation provided for award on a best-value tradeoff basis considering price and the following five non-price evaluation factors:  (1) International Organization for Standardization (ISO) 9001 or ISO 17025 certification;[2] (2) key personnel; (3) technical approach; (4) ASTM testing;[3] and (5) past performance.  Id. at 170, 175.  More specifically, the solicitation provided that the Navy would evaluate proposals on an acceptable/ unacceptable basis under the certification and key personnel factors.  Id. at 170.  Only proposals rated as acceptable for both factors would be eligible for award.  Id. at 171.  The solicitation provided that the Navy would assign adjectival ratings to the proposals under the remaining three non-price evaluation factors, which were listed in descending order of importance.  Id. at 170, 172-74.  A tradeoff analysis would be conducted between price and the remaining three non-price evaluation factors.  Id. at 175.  The solicitation advised offerors that the Navy considered the non-price factors to be significantly more important than price.  Id. at 175.  Proposals were due by November 30.  Id. at 1.  In response to the solicitation, the Navy received several proposals, including a proposal from Tribologik.  Agency Report (AR), Attach. 11, Competitive Range Determination, at 1.  On March 27, 2019, the Navy notified Tribologik that its proposal had been excluded from the competitive range.  AR, Attach. 12, Notice of Exclusion.  The record reflects that the Navy excluded Tribologik’s proposal from the competitive range due to the Navy’s assignment of an “unacceptable” rating to the proposal under the ASTM testing factor.  AR, Attach. 11, Competitive Range Determination, at 3.