Starblast Corporation (N6264921R0038)
Case: B-419948
Agency: Department of the Navy : Naval Supply Systems Command
Protester: Starblast Corporation
Date: 2021-09-21
Denied
B-419948
Sep 21, 2021
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Highlights
Starblast Corporation, of Solana Beach, California, protests the rejection of its proposal by the Department of the Navy, Naval Supply Systems Command, under request for proposals (RFP) No. N6264921R0038, for worldwide expeditionary support and services in a variety of regions across the world. The protester contends that the agency should have considered Starblast's proposal under a Federal Acquisition Regulation (FAR) exception to the rule that a late proposal will not be considered.
We deny the protest.
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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: Starblast Corporation
File: B-419948
Date: September 21, 2021
Jon D. Levin, Esq., and W. Brad English, Esq., Maynard Cooper & Gale PC, for the protester.
James H. Price, Esq., and Michael R. Franz, Esq., Lacy, Price & Wagner, P.C., for Relyant Global, LLC, the intervenor.
Laura Weeden, Esq., Department of the Navy, for the agency.
Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that agency improperly rejected protester’s proposal is denied where the protester did not submit a compliant proposal prior to the time for receipt of initial proposals, and the protester fails to establish that the late proposal exceptions in Federal Acquisition Regulation provision 52.215-1(c)(3) are applicable.
DECISION
Starblast Corporation, of Solana Beach, California, protests the rejection of its proposal by the Department of the Navy, Naval Supply Systems Command, under request for proposals (RFP) No. N6264921R0038, for worldwide expeditionary support and
services in a variety of regions across the world. The protester contends that the agency should have considered Starblast’s proposal under a Federal Acquisition Regulation (FAR) exception to the rule that a late proposal will not be considered.
We deny the protest.
BACKGROUND
The RFP, issued on March 2, 2021, contemplated the award of fixed-price Worldwide Expeditionary Multiple Award Contracts--known as WEXMACs--for broad categories of services and supplies in support of humanitarian assistance and disaster relief, contingency operations, and exercises. Protest, attach. A, RFP at 1, 69; Protest, attach. B, Performance Work Statement (PWS) at 1. The worldwide solicitation covered 22 regions and allowed offerors to propose to provide assistance to any region, or combination of regions; the RFP provided that the agency would make multiple awards to all qualifying offerors who were determined responsible. PWS at 1-2; RFP at 75. A “qualifying offeror” is one that the agency determines to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and provides the contracting officer no reason to believe that the offeror would be likely to propose other than fair and reasonable pricing. RFP at 75.
The solicitation provided that the agency would evaluate proposals under four factors: general standard of responsibility (found in FAR section 9.104-1); special standard of responsibility; compliance with the solicitation; and pricing assessment. Id. at 75-76. The special standard of responsibility factor contained the following four elements: element 1, financial capability; element 2, asset availability and readiness; element 3, agile and rapid response; and element 4, quality. Id. at 76.
The RFP listed four email addresses to which offerors were to submit their proposals and required that all proposals must be received no later than 3:00 pm JST (Japanese Standard Time), Monday, April 19, 2021. Id.
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