Downie Jones Ship Stores (SPE300-20-R-0001)

B-421502 Jun 14, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Downie Jones Ship Stores, of Murarrie, Australia, protests the terms of solicitation SPE300-20-R-0001, issued by the Defense Logistics Agency (DLA) for full line food distribution services. The protester contends that the solicitation is flawed because it does not provide for an assessment of proposed pricing on an equal basis. We deny the protest. View Decision Decision Matter of: Downie Jones Ship Stores File: B-421502 Date: June 14, 2023 Robert Malyszek, Downie Jones Ship Stores, for the protester. Cathleen Choromanski, Esq., and Amanda Stone, Esq., Defense Logistics Agency, for the agency. Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the terms of a solicitation on the basis that it provides for an unequal assessment of proposed pricing and will result in a flawed award decision is denied where the solicitation provides sufficient detail to allow offerors to compete intelligently and on a relatively equal basis. DECISION Downie Jones Ship Stores, of Murarrie, Australia, protests the terms of solicitation SPE300-20-R-0001, issued by the Defense Logistics Agency (DLA) for full line food distribution services. The protester contends that the solicitation is flawed because it does not provide for an assessment of proposed pricing on an equal basis. We deny the protest. BACKGROUND On July 21, 2021, DLA issued the solicitation, using the commercial items procedures of Federal Acquisition Regulation (FAR) part 12, seeking proposals from offerors to provide subsistence prime vendor support to military and other authorized customers located throughout Japan, Singapore, the Philippines, Diego Garcia, and Australia. Req. for Dismissal, encl. 3, Solicitation, amend. 20, at 1, 86.[1] DLA seeks to enter into a fixed-price, indefinite-delivery, indefinite-quantity contract with economic price adjustment, for a 60-month performance period that will include three pricing tiers, with each tier corresponding to a certain period of performance. Id. The successful vendor will be required to provide chilled products and semi-perishable food products, including but not limited to frozen fish, meat and poultry; other frozen foods (e.g., fruits, vegetables, prepared foods); dairy and ice cream products; fresh and frozen bakery products; beverages and juices; fresh fruits and vegetables; and non-food items, such as kitchen and dining supplies; pots, pans and utensils; toiletries; comfort and health items; and government furnished materials (e.g., meals ready to eat). Id. The solicitation includes domestic item preference provisions, commonly referred to as Berry Amendment source restrictions. Solicitation at 100. The Berry Amendment generally restricts expenditures by the Department of Defense for certain articles and items, including food, to domestically produced products. See 10 U.S.C. § 4862. Nonetheless, the solicitation indicates that several exceptions to these source restrictions apply, stating as follows: One such exception, the “perishable foods” exception, can be found at [Defense Federal Acquisition Regulation Supplement (DFARS)] 225.7002-2(e). That exception permits the delivery of perishable foods ([i.e.,] fresh fruits and vegetables (“FF&V”), fresh milk, fresh bread, etc.) that are not sourced from the United States. This exception applies to deliveries to customers throughout the region ([i.e.,] Japan, Singapore, Diego Garcia, the Philippines, and Australia). As such, this solicitation includes requirements for local market ready items, [i.e.,] locally sourced FF&V, fresh milk, fresh bread, etc. The Prime Vendor must be able to locally source, purchase and/or perform deliveries for highly perishable products. A second applicable exception, referred to as the “contingency operation” exception, can be found at DFARS 225.7002-2(f) and may apply to certain customers outlined in this solicitation. With that designation, deliveries of all non-domestic food items, not just perishable items, are permitted. This exception is subject to change based on changes to contingency operation designations. At this time there are no contingency operation designations for the areas outlined in this solicitation, however, designations may change throughout the life of this contract. Please note that even with these exceptions, it is still the Government’s preference to provide domestic items to the maximum extent possible. Solicitation at 100; see also id.