The Logistics Company, Inc. (W52P1J-19-R-0118)

B-419932.3 May 26, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The Logistics Company (TLC), Inc., a small business of Fayetteville, North Carolina, protests the issuance of a task order to Vanquish Worldwide, LLC, a small business of Knoxville, Tennessee, under request for proposals (RFP) W52P1J-19-R-0118 by the Department of the Army, Army Materiel Command, for logistics support services, as part of the Enhanced Army Global Logistics Enterprise (EAGLE) program. The protester alleges that the awardee made material misrepresentations and false certifications and that the agency erred in making an affirmative responsibility determination concerning the awardee. 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 version has been approved for public release. Decision Matter of: The Logistics Company, Inc. File: B-419932.3 Date: May 26, 2022 Jackson W. Moore, Jr., Esq., David L. Hayden, Esq., and Amelia L. Serrat, Esq., Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, for the protester. Michael D. Maloney, Esq., Williams Mullen, and Todd W. Miller, Esq., Miller & Miller, LLC, for, Vanquish Worldwide, LLC, the intervenor. Brittany N. Salter, Esq., and Jonathan A. Hardage, Esq., Department of the Army, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging awardee’s proposal contained a material misrepresentation and false certification is denied where the record does not support a conclusion that the proposal contained misrepresentations or false certifications. 2. Protest challenging contracting officer’s affirmative responsibility determination is denied where the protester’s allegations do not establish that the contracting officer failed to reasonably consider available relevant information when making the responsibility determination. DECISION The Logistics Company (TLC), Inc., a small business of Fayetteville, North Carolina, protests the issuance of a task order to Vanquish Worldwide, LLC, a small business of Knoxville, Tennessee, under request for proposals (RFP) W52P1J-19-R-0118 by the Department of the Army, Army Materiel Command, for logistics support services, as part of the Enhanced Army Global Logistics Enterprise (EAGLE) program. The protester alleges that the awardee made material misrepresentations and false certifications and that the agency erred in making an affirmative responsibility determination concerning the awardee. We deny the protest. BACKGROUND On January 8, 2020, the agency issued the RFP as a small business set‑aside seeking proposals from EAGLE basic ordering agreement holders for logistics readiness center maintenance, supply, and transportation requirements. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 3. The solicitation contemplated a three-step evaluation process for the purpose of selecting a single firm to receive the task order. Agency Report (AR), Tab 6, RFP at 145-146. First, proposals would be evaluated for “strict compliance” with solicitation terms and evaluated for technical acceptability. Id. Second, the three lowest-priced, technically acceptable proposals would be evaluated for past performance and price. Id. Finally, the agency would make award to the lowest-priced, responsible, and technically acceptable offeror that also had a rating of substantial confidence for past performance. Id. Relevant to this protest, the RFP included Federal Acquisition Regulation (FAR) provision 52.209-7, Information Regarding Responsibility Matters, (Oct. 2018). Among other things, the provision requires each offeror to certify whether it or any of its principals have been the subject of a civil proceeding in the last five years in connection with a federal contract or grant in which there was a finding of fault or liability that resulted in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. Id. at 48-49. On July 30, 2020, the agency received 14 proposals, including proposals from the protester and intervenor. COS/MOL at 4. Both the protester and the intervenor advanced to step two of the evaluation, and both offerors also received a rating of substantial confidence for past performance. Id. at 5. Because the intervenor’s price ($65,083,198) was lower than the protester’s price ($66,971,975), the agency initially planned to make award to Vanquish on that basis. Id. at 6. As part of making the award decision, the agency requested a Defense Contract Management Agency (DCMA) pre-award survey and ultimately concluded that Vanquish was a responsible offeror.