Ryder Move Management, Inc. v. United States

48 Fed. Cl. 380, 2001 U.S. Claims LEXIS 1, 2001 WL 8970
CourtUnited States Court of Federal Claims
DecidedJanuary 3, 2001
DocketNo. 00-599C
StatusPublished
Cited by7 cases

This text of 48 Fed. Cl. 380 (Ryder Move Management, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryder Move Management, Inc. v. United States, 48 Fed. Cl. 380, 2001 U.S. Claims LEXIS 1, 2001 WL 8970 (uscfc 2001).

Opinion

OPINION

FIRESTONE, Judge.

This post-award bid protest comes before the court on the parties’ cross motions for judgment on the administrative record. Plaintiff Ryder Move Management, Inc. (“Ryder”), an unsuccessful offeror, challenges the award of seven contracts by the Department of Defense (“DoD”) for move management services. The procurement is part of DoD’s Full Service Moving Project. Under the contracts awarded pursuant to this solicitation, move management companies will provide commercial relocation services to DoD service members. Ryder seeks to enjoin DoD from proceeding with the contract awards and to have DoD reopen the competitive bid process on the grounds that DoD failed to properly conduct the procurement.

On October 4, 2000, Ryder filed its original complaint in this action seeking declaratory [382]*382and injunctive relief. On October 10, 2000, the court granted the motion of The Pasha Group (“Pasha”) to intervene, and on October 12, 2000, the court granted the motions of Associates Relocation Management Company, Inc. (“Associates”), Cendant Mobility (“Cendant”), and Interstate Relocation Services, Inc. (“Interstate”) to intervene. All intervenors are contract awardees. Ryder filed its amended complaint on October 10, 2000, and a motion for preliminary injunction on October 13, 2000.

By order dated October 5, 2000, the court, after conferring with the parties, established a briefing schedule so that the preliminary injunction could be consolidated with resolution of the case on the merits. DoD has committed not to issue any work orders to any of the intervenors under the seven contracts until at least January 5, 2001. Briefing was completed on December 7, 2000, and the court heard oral argument on December 11, 2000.

I. FACTS

A. Pre-solicitation Activities

On June 4, 1997, DoD decided to develop and implement a plan to streamline and simplify the management of service member household moves. This newly-implemented program was called the Full Service Moving Project (“FSMP”). On September 4, 1998, the Army Communications Electronics Command (“CECOM”) was selected to craft and implement the FSMP acquisition strategy.

From the beginning of the FSMP, DoD worked with representatives from the relocation, moving and storage, and freight forwarding industries (collectively, “the industry”) to help shape the FSMP. As part of that effort, DoD conducted several pre-solici-tation meetings with industry representatives to gather their views and provide them with information. With respect to the financial matters at issue in this litigation, there were several discussions regarding DoD’s plans to evaluate the “financial status” of potential offerors on the contract. DoD informed the industry early on that it planned to use Dun & Bradstreet (“D & B”) to provide financial analysis for use in the FSMP contract award process.

At the pre-solicitation conference on February 16, 2000, the contracting officer, Robin Baldwin, explained the decision to employ D & B’s services as follows:

[The][i]ndustry has said to us, “we’re concerned that you’re going to be doing business with firms that are not financially able.” We listened. We said all right. It may be viewed that if the government reviews financials there may be some bias on the part of the government. We’d like to tell you there’s no bias. Everybody has the same opportunity. So what we’ve done to alleviate industry concerns is we’ve hired D & B, a recognized leader in the field, to do this for us, just as they would for any of their commercial customers. And this is being done — D & B is doing this today for the General Services Administration and other government organizations.

A.R. 119. A representative of D & B also addressed the attendees and offered prospective FSMP offerors the opportunity to review the information that D & B had on file for each company by either calling D & B or by visiting the company’s website. A.R. 186.

Following the pre-solicitation conference, DoD further elaborated on D & B’s role in response to an industry question about the factors D & B would take into account in its analysis. In one of a series of letters addressing industry questions that was sent to prospective offerors between February 17, 2000, and March 6, 2000, DoD explained:

The financial risk assessment will entail a comparison of the bidder’s financial information submitted as part of its financial statement or tax return to companies in its “peer” group and a review of data that D & B has available in its database. This peer group will be based upon similarly sized businesses in the bidder’s primary SIC [Standard Industrial Classification] (the one from which it derives the most revenue), as listed in the D & B database.

[383]*383A.R. 360 (emphasis added).1

B. The Move Management Solicitation

On March 9, 2000, CECOM issued two competitive Federal Acquisition Regulation (“F.A.R.”) Part 12 commercial item solicitations to form the FSMP procurement. One solicitation, No. DAAB07-00-R-N702, was for household goods transportation services. The other, DAAB07-00-R-N703, was for move management services associated with those shipments (“move management solicitation” or “solicitation”). The latter, the move management solicitation, is the solicitation at issue in this action.

With respect to the move management solicitation, each offeror was required to submit a multi-volume proposal including: Volume 1: Past Performance/Experience; Volume 2: Financial Data — Corporate Tax Return or Accountant Prepared Year End Statement; Volume 3: Overall Technical Proposal; Volume 4: Technical Statement of Requirements Proposal; Volume 5: Price Proposal; and, Volume 6: Small Business Subcontracting Plan.

The FSMP solicitation provided a description of the factors and subfactors that would be evaluated, and the basis upon which the award would be made. See Evaluation Criteria — Commercial Items, A.R. 459-62. Offer-ors were advised that “[a]ny award(s) to be made will be based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the four evaluation factors: Overall Performance Risk, Technical, Statements of Requirements, and Price.” A.R. 459. The “overall performance risk” factor consisted of two subfactors of equal weight: “past perfor-manee risk” and “financial risk.” Potential offerors were informed via the solicitation that the overall performance risk factor would be the most significant factor. A.R. 459.

In the March 9, 2000 solicitation, the financial risk subfactor was defined to include an assessment of the offerors’ “profitability, liquidity, and solvency.” A.R. 459. This sub-factor is the focus of this litigation. The move management solicitation as a whole was amended six times. A.R. 596, 597, 608, 619, 638, 641. Amendment 0003 to the solicitation was issued on April 18, 2000, and added more detail regarding the information to be submitted by offerors for the financial evaluation:

All financial statements submitted must be unique to the legal offering entity ... unless the offeror is also a corporate parent, in which case, a consolidated financial statement (offeror and its subsidiary units) is acceptable.

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48 Fed. Cl. 380, 2001 U.S. Claims LEXIS 1, 2001 WL 8970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryder-move-management-inc-v-united-states-uscfc-2001.