Theodor Wille Intertrade GmbH (SPE300-17-R-0016)

B-419269.4,B-419269.5,B-419269.6,B-419269.7 Feb 01, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Theodor Wille Intertrade GmbH (TWI), of Zug, Switzerland, protests the award of two contracts to EFS Ebrex Sarl (EFS), of Geneva, Switzerland, under request for proposals (RFP) No. SPE300-17-R-0016, issued by the Defense Logistics Agency (DLA) for food distribution to the Department of Defense (DOD) and other authorized government customers in the following zones: (1) Northern Europe; (2) Southern Europe/Northern Africa; (3) Western Africa; and (4) Naval Forces ships in Europe and Africa. The protester challenges multiple aspects of the evaluation of proposals and the source selection decisions for zones 2 and 4. We deny the protests. 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:  Theodor Wille Intertrade GmbH File:  B-419269.4; B-419269.5; B-419269.6; B-419269.7 Date:  February 1, 2022 Jamie F. Tabb, Esq., Tyler E. Robinson, Esq., Elizabeth Krabill McIntyre, Esq., John M. Satira, Esq., and Alison Schoettler Harmes, Esq., Vinson & Elkins LLP, for the protester. William E. Hughes, Esq., and Julia A. B. Banegas, Esq., Husch Blackwell LLP, for EFS Ebrex Sarl, the intervenor. Sherine Bediako, Esq., Amanda Stone, Esq., and R. Zen Schaper, Esq., Defense Logistics Agency, for the agency. Charmaine A. Stevenson, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protests challenging the evaluation of proposals and source selection decisions are denied, where the evaluation and source selections were reasonable and consistent with the terms of the solicitation. 2.  Where a solicitation requires separate proposals for the award of multiple zone contracts, an agency is not required to consider past performance information that the protester submitted in its proposals for other zones, but elected not to include in its proposal for the zone challenged here.  DECISION Theodor Wille Intertrade GmbH (TWI), of Zug, Switzerland, protests the award of two contracts to EFS Ebrex Sarl (EFS), of Geneva, Switzerland, under request for proposals (RFP) No. SPE300-17-R-0016, issued by the Defense Logistics Agency (DLA) for food distribution to the Department of Defense (DOD) and other authorized government customers in the following zones:  (1) Northern Europe; (2) Southern Europe/Northern Africa; (3) Western Africa; and (4) Naval Forces ships in Europe and Africa.  The protester challenges multiple aspects of the evaluation of proposals and the source selection decisions for zones 2 and 4. We deny the protests. BACKGROUND The RFP was issued on December 1, 2016, using the combined commercial item and negotiated procurement procedures of Federal Acquisition Regulation (FAR) parts 12 and 15.  Agency Report (AR), Tab 15, RFP at 1, 131.[1]  The RFP contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity contract with economic price adjustment in each of the four zones.  Id. at 43.  The RFP required that offerors submit proposals for all four zones to be considered for award.  Id. at 44.  The solicitation will require the contractor to perform as a full line food distributor that will be required to supply all chilled products, semi-perishable food products, frozen fish, meat and poultry, other frozen foods (i.e., fruits, vegetables, prepared foods, etc.), dairy and ice cream products, fresh and frozen bakery products, beverage base and juices (for dispensers), beverages and juices (non-dispenser), fresh fruits and vegetables, non-food items, and government furnished material, including but not limited to unitized group rations, meals ready to eat, health and comfort packs, and other operational rations items either currently in existence or to be introduced during the term of the contracts.  Id.