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B-418448,B-418448.2 1 (2020-05-06)

handle is hein.gao/gaobaebbr0001 and id is 1 raw text is: GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Regency Enterprises Services, LLC File: B-418448; B-418448.2 Date: May 6, 2020 James Wallis, Regency Enterprises Services, LLC, for the protester. Eric Freeman, Esq., and Christopher S. Colby, Esq., Defense Logistics Agency, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a lowest-price, technically acceptable procurement, exclusion of protester's proposal from competitive range was not improper where the agency reasonably concluded that the proposal had no realistic prospect of award. DECISION Regency Enterprises Services, LLC, a small business of St. Louis, Missouri, challenges its exclusion from the competitive range under Solicitation No. SPE602-20-R-0702, issued by the Defense Logistics Agency for fuel transportation services to various locations in Kuwait. The protester alleges that the agency erred in finding its proposal technically unacceptable, should have referred the company to the Small Business Administration (SBA) for a certificate of competency (COC) rather than excluding it from the competition, and erred in establishing a competitive range based on price. We deny the protest. BACKGROUND On November 19, 2019, the agency issued the request for proposals (RFP) for tank truck transportation services in Kuwait. Memorandum of Law (MOL) at 1-2. The RFP contemplated award on a lowest-price, technically acceptable (LPTA) basis. Agency Report (AR), Tab 1, RFP at 66. The technical evaluation factor was divided into three subfactors: (1) general provisions and performance requirements; (2) quality assurance and quantity requirements; and (3) deliverables. Id. The RFP also provided that offerors must receive acceptable ratings for each subfactor to be technically acceptable

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