W.W. Grainger, Inc. (47QSCC-20-Q-5015)
Case: B-420045
Agency: Independent Government Entities : Federal Acquisition Service
Protester: W.W. Grainger, Inc.
Date: 2021-11-04
Denied
B-420045,B-420045.2
Nov 04, 2021
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Highlights
W.W. Grainger, Inc., of Lake Forest, Illinois, protests the establishment of a blanket purchase agreement (BPA) with the contractor team led by MSC Industrial Direct Company, Inc., of Davidson, North Carolina, under request for quotations (RFQ) No. 47QSCC-20-Q-5015, issued by the General Services Administration (GSA), Federal Acquisition Service, to provide 4th Party Logistics (4PL) supplies and services for the United States Marine Corps. The protester asserts that the agency unreasonably evaluated the awardee's quotation and treated the vendors unequally. The protester also challenges the agency's best-value determination.
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: W.W. Grainger, Inc.
File: B-420045; B-420045.2
Date: November 4, 2021
Jonathan S. Aronie, Esq., Katie A. Calogero, Esq., and Daniel J. Alvarado, Esq., Sheppard Mullin Richter & Hampton LLP, for the protester.
Michael D. McGill, Esq., and Thomas A. Pettit, Esq., Arnold & Porter LLP, for MSC Industrical Direct Co., Inc., the intervenor.
Nathan C. Guerrero, Esq., and Nathan Bangsil, Esq., General Services Administration, for the agency.
Uri R. Yoo, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the agency failed to consider awardee’s past performance information in its evaluation under the technical approach and corporate experience factors is denied where the solicitation did not require the agency to consider such information.
2. Protest alleging that the agency engaged in disparate treatment and evaluated quotations unequally by failing to assess strengths equally for similar aspects of the vendors’ quotations are denied, where the agency assessed strengths to similar aspects of the protester’s quotation and difference in the evaluation narratives resulted from differences between the quotations.
3. Protest challenging the agency’s source selection decision is denied where the record reflects that the source selection authority reasonably found the quotations of the awardee and the protester to be technically equal and selected the lower-priced quotation for award.
DECISION
W.W. Grainger, Inc., of Lake Forest, Illinois, protests the establishment of a blanket purchase agreement (BPA) with the contractor team led by MSC Industrial Direct Company, Inc., of Davidson, North Carolina, under request for quotations (RFQ) No. 47QSCC‑20‑Q-5015, issued by the General Services Administration (GSA), Federal Acquisition Service, to provide 4th Party Logistics (4PL) supplies and services for the United States Marine Corps. The protester asserts that the agency unreasonably evaluated the awardee’s quotation and treated the vendors unequally. The protester also challenges the agency’s best-value determination.
We deny the protest.
BACKGROUND
The RFQ was issued on February 10, 2021, to holders of GSA’s Multiple Award Schedule (MAS) contracts with the special item number (SIN) for 4PL supplies and services under the Federal Supply Schedule (FSS) procedures of Federal Acquisition Regulation (FAR) subpart 8.4. Contracting Officer’s Statement (COS) at 1-2; Agency Report (AR), Tab 2, RFQ at 1. The solicitation noted that it was open to all contractor teaming arrangements (CTA) comprised of MAS vendors who have the 4PL SIN in their MAS contracts. Id.
The solicitation sought to provide 4PL products and services, including a comprehensive products and related in-store services for retail storefronts and virtual markets, at various Marine Corps locations.[1] RFQ at 3. The RFQ anticipated the establishment of a fixed-price BPA under the vendor’s GSA schedule contract with a 5‑year performance period consisting of a 1‑year base period and four 1‑year options. Id. at 22.
The RFQ advised that a BPA would be established with the vendor whose quotation is determined to present the best value for the government, price and other factors considered. Id. at 46. Quotations would be evaluated under five factors, listed in descending order of importance: (1) technical approach; (2) breadth of product; (3) corporate experience and references; (4) small business participation plan; and (5) price. Id. at 46-47. The RFQ informed vendors that, when combined, the four technical factors were significantly more important than price and, as technical ratings become equal, price may be a determining factor for the basis of award. Id.
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