Megatech Corporation

B-417582 Jun 25, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Megatech Corporation, of Tewksbury, Massachusetts, a small business, protests the award of a contract to EMD Marine and Supply Inc., of San Diego, California, under request for quotations (RFQ) No. N0612A19RCHW024 (also identified as Unison reverse auction Buy No. 968764_02), issued by the Department of the Navy, Naval Supply Systems Command, for 10 commercial Chevy 350 engine trainers and mobile start carts for the Interservice Mechanic A-School at the Naval Construction Training Center at Naval Base Ventura, at Port Hueneme, California. The protester contends that the Navy improperly awarded the contract to the lowest-priced technically acceptable bidder, contrary to the terms of the reverse auction solicitation. We dismiss the protest as untimely because it challenges an alleged impropriety in the solicitation that should have been protested before bid opening. View Decision Decision Matter of: Megatech Corporation File: B-417582 Date: June 25, 2019 Haley Wood, for the protester. Kevin T. Lyster, Esq., Department of the Navy, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed as untimely where protester's challenge to award based on patently ambiguous terms of reverse auction was filed after closing time for submission of bids. DECISION Megatech Corporation, of Tewksbury, Massachusetts, a small business, protests the award of a contract to EMD Marine and Supply Inc., of San Diego, California, under request for quotations (RFQ) No. N0612A19RCHW024 (also identified as Unison reverse auction Buy No. 968764_02), issued by the Department of the Navy, Naval Supply Systems Command, for 10 commercial Chevy 350 engine trainers and mobile start carts for the Interservice Mechanic A-School at the Naval Construction Training Center at Naval Base Ventura, at Port Hueneme, California. The protester contends that the Navy improperly awarded the contract to the lowest-priced technically acceptable bidder, contrary to the terms of the reverse auction solicitation. We dismiss the protest as untimely because it challenges an alleged impropriety in the solicitation that should have been protested before bid opening. BACKGROUND The RFQ, issued on March 15, 2019, requested bids from small businesses through the online reverse auction site at unisonmarketplace.com (the successor to fedbid.com), and specified an auction closing date of March 25. The initial auction was held, but was canceled when the Navy determined that all bids were unacceptable. Request for Dismissal at 1. The Navy reposted the auction on April 3, with a closing date of April 9. After reviewing the second set of bids, the Navy again canceled the auction upon discovering that the RFQ had omitted a requirement. Id. On April 22, the Navy amended and reposted a third auction with a closing date of April 26. The RFQ incorporated by reference the provision at Federal Acquisition Regulation § 52.212-2, but did not provide fill-in information for the blanks. Amended RFQ at 2. The RFQ specified that "Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use." Id. The reverse auction listing on Unisonmarketplace.com included a heading for "bidding requirements," under which appeared the following statement: Evaluation Criteria/Basis of Award: Sellers understand that the Marketplace ranks all Bids by price; however, pursuant to applicable acquisition regulations and/or departmental guidelines, Buyers may use criteria other than price to evaluate offers. Accordingly, please note that, unless otherwise specified in the Buy Terms, below, to the extent required by applicable regulations and/or guidelines, award will be made to the responsible Seller whose offer confirming to the solicitation will be the most advantageous to the Buyer on the basis of price, technical capability, delivery, and past performance. Unison Reverse Auction No. 968764_02, at 3. The RFQ directed bidders to submit an electronic spreadsheet containing a parts list and the prices for each part, along with labor and delivery costs. The RFQ also required submission of a word processing document with a narrative explaining the serviceability of the bidder's engine trainer kits, confirmation that the design of the supplied items ensured they would be free of hazards and compliant with safety requirements, and listing any contractor or manufacturer warranties. Statement of Work at 3-4. After reviewing the bids in the third round, the Navy concluded that EMD had submitted the lowest-priced technically acceptable bid of $111,549, and awarded the contract on that basis on May 8. Request for Dismissal at 1; Award Notice Posting on fbo.gov (May 7, 2019) at 1.