Perimeter Solutions (W52P1J-20-R-3006)

B-418687 Jul 17, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Perimeter Solutions, of Clayton, Missouri, protests the award of a contract to ICL-IP America, Inc., of Saint Louis, Missouri, under request for proposals (RFP) No. W52P1J20R3006, issued by the Department of the Army for a quantity of white phosphorus produced by Monsanto. Perimeter argues that ICL-IP is not an authorized distributor of the solicited product. 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:  Perimeter Solutions File:  B-418687 Date:  July 17, 2020 John G. Horan, Esq., and Lauren N. Olmstead, Esq.,  Faegre Drinker Biddle & Reath LLP, for the protester. David T. Ralston Jr., Esq., Frank S. Murray, Esq., and Julia DiVito, Foley & Lardner LLP, for the intervenor. Debra J. Talley, Esq., and Timothy R. Pyzik, Esq., U.S. Army Materiel Command, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that awardee is not an authorized distributor of the solicited product is denied where record fails to establish that either the protester or awardee are authorized distributors as the term is used in the solicitation, and both parties appear to have contractual arrangements that, if enforced, would enable them to provide the solicited product; whether the parties abide by their respective contractual arrangements is a matter between private parties not for consideration by Government Accountability Office. DECISION   Perimeter Solutions, of Clayton, Missouri, protests the award of a contract to ICL-IP America, Inc., of Saint Louis, Missouri, under request for proposals (RFP) No. W52P1J20R3006, issued by the Department of the Army for a quantity of white phosphorus produced by Monsanto.  Perimeter argues that ICL-IP is not an authorized distributor of the solicited product. We deny the protest. There are very few relevant facts surrounding this protest, and only a single issue for our consideration.  The RFP contemplates the award of a 5-year, indefinite-delivery, indefinite-quantity, fixed-price contract for white phosphorus produced by Monsanto Company to the firm submitting the lowest overall price.  RFP at 46.  The record shows that ICL-IP submitted the lowest price of $3,342,150, while the protester submitted a price of $4,492,800.  Agency Report (AR) exh. 17, Source Selection Decision Document, at 1.  Based on these prices, the agency made award to ICL-IP.  Id. at 2.  The RFP includes a single sentence relating to the issue arising in this protest.  That sentence provides as follows:  “Under the authority at Federal Acquisition Regulation (FAR) 6.302-3, this procurement is restricted to authorized distributors of White Phosphorus produced by Monsanto within the U.S., its outlying areas, and Canada.”  RFP at 3.  In a nutshell, Perimeter argues that the award to ICL-IP was improper because, it claims, the awardee is not an authorized distributor of Monsanto white phosphorus.  Meanwhile, Perimeter claims that it is an authorized distributor of Monsanto white phosphorus.  We find no merit to the protest.  The single sentence quoted above is the only provision in the RFP relating to the acquisition being restricted to authorized distributors of Monsanto white phosphorus.  The term “authorized distributor” is not otherwise defined in the RFP, and more importantly, there was no requirement in the RFP for offerors to provide any information to demonstrate that they are an “authorized distributor” of Monsanto white phosphorus, whatever that phrase may mean. Consistent with the absence of any requirement for information relating to an offeror’s status as an authorized distributor, neither the protester, nor ICL-IP provided any information in their proposals relating to the question.  The record does include evidence of the agency having made an informal inquiry about each firm’s ability to provide Monsanto white phosphorus.  AR, exh.13, ICL-IP’s Confirming Email; exh.