Potomac River Group, LLC. (RFQ1427334)
Case: B-419416
Agency:
Protester: Potomac River Group, LLC.
Date: 2021-06-21
Denied
B-419416.3
Jun 21, 2021
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Highlights
Potomac River Group, LLC, a small business of Ashburn, Virginia, requests that our Office recommend that the firm be reimbursed the costs of filing and pursuing its protest. Potomac challenged the issuance of a task order by the Department of the Air Force to Victor Forward LLC, a small business of Virginia Beach, Virginia, under request for quotations (RFQ) No. RFQ1427334, which was issued for a bird radar detection system for advance detection of aircraft-bird strike risk at Melrose Air Force Range, New Mexico.
We deny the request.
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Decision
Matter of: Potomac River Group, LLC.--Costs
File: B-419416.3
Date: June 21, 2021
David R. Warner, Esq., Tyler J. Freiberger, Esq., and Heather B. Mims, Esq., Centre Law and Consulting, LLC, for the protester.
Kyle E. Gilbertson, Esq., Colonel Patricia S. Wiegman-Lenz, Department of the Air Force, for the agency.
Stephanie B. Magnell, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Request for recommendation that protester be reimbursed the costs of filing and pursuing its protest challenging the issuance of a task order is denied, where the agency did not unduly delay taking corrective action.
DECISION
Potomac River Group, LLC, a small business of Ashburn, Virginia, requests that our Office recommend that the firm be reimbursed the costs of filing and pursuing its protest. Potomac challenged the issuance of a task order by the Department of the Air Force to Victor Forward LLC, a small business of Virginia Beach, Virginia, under request for quotations (RFQ) No. RFQ1427334, which was issued for a bird radar detection system for advance detection of aircraft-bird strike risk at Melrose Air Force Range, New Mexico.
We deny the request.
On July 29, 2020, the Air Force issued the RFQ to vendors holding federal supply schedule contracts under schedule 84 in order to obtain a bird radar detection system for advance detection, alerting, and management of aircraft-bird strike risk, at Melrose Air Force Range, New Mexico. Protest at 3; Protest, exh. B, Statement of Work (SOW) at 1.[1] The RFQ provided for award to the lowest-priced, technically acceptable proposal. Protest at 3. Potomac submitted a timely quotation. After several events, including an award to Victor Forward, a protest by Potomac, the agency’s reevaluation, and a new award decision, on March 2, 2021, the agency affirmed the earlier award to Victor Forward. Protest, exh. A, Notice of Award at 1.
On March 12, Potomac protested the award to our Office, challenging the agency’s evaluation of Victor Forward’s proposal and the best-value decision. Protest at 3. The protester contended that the awardee’s product did not and could not satisfy the RFQ’s technical requirements. See generally, id. The agency report was due on April 12. Electronic Protest Docketing System No. 4, Acknowledgement of Protest, Mar. 15, 2021, at 1.
On April 5, prior to the deadline for the agency report, the Air Force advised our Office of its decision to take corrective action and requested that our Office dismiss the protest. Notice of Corrective Action & Req. for Dismissal at 1. The protester objected to the corrective action specified, and on April 8, our Office requested that the Air Force respond to the protester’s objections.
On April 8, the agency submitted a supplemented and revised notice, clarifying that it would take the following corrective action:
The ordering activity will cancel the award and revise the specifications and evaluation criteria to ensure they accurately reflect radar coverage requirements and measurements. The current RFQ will be canceled, a revised RFQ will be issued, and the ordering activity will obtain quotes in response to the revised RFQ. The ordering activity will ensure that all quotes received pursuant to the revised RFQ are fairy evaluated and considered and that a new award is made in accordance with the stated evaluation criteria in the revised RFQ. The contracting officer will take any other corrective action deemed necessary and appropriate.
Supp. Notice of Corrective Action & Req. for Dismissal, Apr. 8, 2021, at 1.
On April 13, we dismissed the protest because the agency’s corrective action rendered the protester’s challenges academic. See Potomac River Grp., LLC, B‑419416.2, Apr. 13, 2021 (unpublished decision). Potomac now requests our Office’s recommendation that the firm be reimbursed the costs of filing and pursuing its protest. Req.
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