American International Movers, Inc. (HTC711-21-R-R009)

B-419756 Jul 20, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights American International Movers, Inc. (AIM), a small business of Forsyth, Georgia, challenges the terms of request for proposals (RFP) No. HTC711-21-R-R009, issued by the United States Transportation Command (USTRANSCOM) for the storage of household goods and other personal property of Department of Defense service members, civilians, and their dependents, pursuant to a permanent change of station. AIM argues that the solicitation is unduly restrictive of competition and inaccurately reflects the agency's needs and objectives. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of:  American International Movers, Inc. File:  B-419756 Date:   July 20, 2021 William Selinsky, Esq., Whitcomb Selinsky, P.C., for the protester. Colonel Patricia S. Wiegman-Lenz, Erika Whelan Retta, Esq., Nicholas T. Iliff, Esq., Alexis J. Bernstein, Esq., Willie J. McAlister, Esq., and Bradley E. Richardson, Esq., Department of the Air Force, for the agency. Hannah G. Barnes, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation requirements as unduly restrictive is denied where the record supports the agency’s position that the requirement is reasonably necessary to meet the agency’s needs. DECISION American International Movers, Inc. (AIM), a small business of Forsyth, Georgia, challenges the terms of request for proposals (RFP) No. HTC711-21-R-R009, issued by the United States Transportation Command (USTRANSCOM) for the storage of household goods and other personal property of Department of Defense service members, civilians, and their dependents, pursuant to a permanent change of station.  AIM argues that the solicitation is unduly restrictive of competition and inaccurately reflects the agency’s needs and objectives.  We deny the protest. BACKGROUND USTRANSCOM administers the Defense Personal Property Program, the transportation program that the Department of Defense uses for moving and storing the household goods, vehicles, and other personal property of service members, and Department of Defense civilians and their dependents, pursuant to a permanent change of station.  Contracting Officer’s Statement (COS) at 2.  This RFP, issued on March 19, 2021, and set aside for small businesses under Federal Acquisition Regulation parts 12 and 15, contemplates the award of a fixed-price, indefinite-delivery, indefinite-quantity contract with a base year and four option years.  Agency Report (AR), Tab 36, RFP at 1, 3-13, 36.  The solicitation also contemplates a sunset period, up to three years, during which the stored inventory will remain “with the contractor until handled-out according to the customer’s entitlement.”  AR, Tab 43, Performance Work Statement (PWS) § 1.3.1.2.  The RFP seeks proposals for the storage of contained household goods and unaccompanied baggage belonging to customers of the Defense Personal Property Program, specifically for those customers whose baggage and goods are to be shipped from outside the continental United States into the continental United States.  PWS §§ 1.1-1.2.  The solicitation provides for award on a lowest-priced, technically acceptable basis, considering three factors:  business proposal, technical proposal, and price.  RFP at 36.  As relevant here, under the technical approach factor, the RFP directs offerors to submit proposals for warehouses capable of storing up to 30 million gross pounds of household goods and unaccompanied baggage annually.  RFP at 35.  The solicitation also requires that proposals include warehouse facilities “equipped with remote climate sensor monitoring technology.”  Id.  The RFP advises that the purpose of this monitoring technology is to ensure that “all shipments are not exposed to vermin, dust, mold, mildew, moisture, hazardous chemicals,” or other elements like heat, cold, humidity, and sunlight that would damage the containerized household goods and unaccompanied baggage.  PWS § 1.3.2.1.  In order to avoid such damage, the solicitation directs offerors to ensure that their proposed facilities maintain a temperature no lower than 35 degrees Fahrenheit and no higher than 75 degrees Fahrenheit, as well as a humidity range between 30 percent and 55 percent.  PWS § 1.3.2.3. The RFP advised offerors that the deadline for submission of proposals was April 20, 2021.  RFP at 1.  Prior to this deadline, on April 16, AIM filed this protest. DISCUSSION The protester argues that the solicitation is unduly restrictive of competition, places a burden on small businesses, and inadequately reflects stated agency needs and objectives.  We have reviewed all of the protester’s arguments and discuss b...