Worrell Contracting Company, Inc. (36C78624Q50310)

B-423208 Jan 22, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Worrell Contracting Company, Inc., a service-disabled veteran-owned small business of Goldsboro, North Carolina, protests its exclusion from the competition under request for quotations (RFQ) No. 36C78624Q50310, issued by the Department of Veterans Affairs (VA) for grounds maintenance services. The protester takes issue with its elimination from the competition resulting from Worrell's failure to acknowledge an RFQ amendment that the protester maintains provided inadequate notice and insufficient time for response. We dismiss the protest. View Decision Decision Matter of: Worrell Contracting Company, Inc. File: B-423208 Date: January 22, 2025 R. Bruce Thompson, II, Esq., Parker, Poe, Adams & Bernstein LLP, for the protester. Michelle F. Kantor, Esq., McDonald Hopkins, LLC, for Veterans Choise Services, LLC, the intervenor. Linh Adams, Esq., and Sophia Lee, Esq., Department of Veterans Affairs, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging adequacy of notice provided for solicitation amendment is dismissed as untimely where protest was not filed before the new due date for quotations established by the amendment. DECISION Worrell Contracting Company, Inc., a service-disabled veteran-owned small business of Goldsboro, North Carolina, protests its exclusion from the competition under request for quotations (RFQ) No. 36C78624Q50310, issued by the Department of Veterans Affairs (VA) for grounds maintenance services. The protester takes issue with its elimination from the competition resulting from Worrell’s failure to acknowledge an RFQ amendment that the protester maintains provided inadequate notice and insufficient time for response. We dismiss the protest. BACKGROUND On August 27, 2024, using the commercial item and simplified acquisition procedures of Federal Acquisition Regulation (FAR) subpart 12.6 and part 13, the agency issued the solicitation seeking quotations for grounds maintenance services at the Washington Crossing National Cemetery in Newtown, Pennsylvania. Agency Resp. to Intervenor’s Req. for Dismissal (“Agency Resp.”) at 1-2; Agency Resp. attach. 1, Contracting Officer’s Statement (COS) at 2; Agency Resp. attach. 2, RFQ at 1-2, 28.[1] The solicitation contemplated award of a single indefinite-delivery, indefinite-quantity contract under which fixed-price orders would be issued during a 1-year base period and four 1-year option periods. Id. at 2-3, 28. The solicitation provided award was to be made on a best‑value tradeoff basis, considering three factors: (1) technical; (2) past performance; and (3) price. Id. at 28. Relevant here, the solicitation established that quotations were due at 8 a.m. Eastern Time on September 27. RFQ at 1, 3-4. The solicitation advised: “Offerors are responsible for obtaining all amendments or additional information concerning this announcement at sam.gov.” Id. at 3. Additionally, the solicitation cautioned: “Should an amendment not be endorsed by the interested Offeror, the quote will be considered ineligible for award.” Id. Further, the solicitation instructed vendors to include in their quotations: “One (1) Signed Copy of all Solicitation Amendments.” Id. at 4. Immediately following this instruction, the solicitation emphasized that: “Failure to comply shall result in the offeror being ineligible for award.”[2] Id. At 11:39 p.m. Eastern Time on September 26, the agency posted RFQ amendment 1 to SAM.gov. Protest at 2; Protest exh. 3(a), RFQ amend. 1 SAM.gov Posting Notice at 2; COS at 2; Agency Resp. attach. 3, RFQ amend. 1 at 1. The primary purpose of the amendment was to provide a revised price schedule. COS at 2; RFQ amend. 1 at 1, 3. The amendment also extended the due date for quotations to 8 a.m. Eastern Time on September 30. Id. The extended due date was noted at least six times throughout the amendment. RFQ amend. 1 at 1, 3-4, 6-7, 34. The protester represents that prior to “the recorded time of the posted modification, Worrell Contracting’s offer was completed and scheduled for submission to the VA,” and that Worrell’s quotation “was received by the VA at 6:00 AM on September 27, 2024.” Protest at 2. The agency confirms that Worrell “submitted its quote before the original deadline on September 27, 2024 at 6:00 AM,” but notes that Worrell “did not submit a signed copy of Amendment 0001.” Agency Resp. at 2. The VA asserts that Worrell also did not submit a signed copy of RFQ amendment 1 by the extended due date for quotations--8 a.m. Eastern Time on September 30. Id. On November 29, the VA made award to Veterans Choice Services, LLC in the amount of $3,599,017.05. COS at 3. That same day, the agency posted notice of the award to SAM.gov. Id.