Matter of: Engineering Incorporated

B-257822.5 Aug 18, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The RFP stated that award would be made to the offeror whose proposal is determined to be most advantageous to the government. That: "[t]he combined technical factors are significantly more important than cost. Cost is not expected to be the controlling factor in the selection of a contractor for this solicitation. Where competing proposals are determined to be substantially equal. The technical factors were "a. "Factor (a) is significantly more important than factors (b) and (c). Factor (b) is slightly more important than factor (c). Factor (c) is slightly less important than factor (b).". Offerors were required to submit sufficient information with their proposals to permit evaluation in accordance with the stated factors. View Decision Matter of: Engineering Incorporated File: B-257822.5 Date: August 18, 1995 *REDACTED VERSION[*] In evaluating technical proposals under a solicitation for a pavement testing machine, an agency reasonably gave credit to statements in the offerors' proposals concerning how existing machines would be updated and customized so as to comply with the specification requirements. In evaluating the awardee's experience, the agency properly imputed subcontractors' experience to the awardee, where the solicitation did not prohibit the use of subcontractors to perform the contract; the agency reasonably downgraded awardee's proposal for its reliance on subcontractors under another relevant evaluation factor. Attorneys DECISION Engineering Incorporated protests the reinstatement of the award of contract No. DACA39-94-C-0097 to Dynatest Engineering, Inc. by the U.S. Army Corps of Engineers for a pavement testing machine to be used by the U.S. Army Cold Regions Research and Engineering Laboratory (CRREL), Frost Effects Research Facility (FERF), Hanover, New Hampshire. We deny the protest. The RFP contemplated the award of a firm, fixed-price contract to furnish and deliver an automatic loading machine (ALM) for testing pavement. An ALM applies simulated traffic loads on truck and aircraft tires to various types of pavement test sections under different conditions. By simulating the passage of many vehicles or aircraft over pavement in a short period of time, an ALM enables the accelerated testing of road and airfield surfaces, so that researchers can more accurately forecast the durability of particular types of pavement surfaces under actual weather and traffic conditions. Section C of the RFP, specifications/work statement, as amended, listed numerous features required by the Corps in the solicited ALM. The RFP stated that award would be made to the offeror whose proposal is determined to be most advantageous to the government, cost and other criteria considered, and that: "[t]he combined technical factors are significantly more important than cost. Cost is not expected to be the controlling factor in the selection of a contractor for this solicitation. The degree of importance of cost as a factor could become greater depending upon the equality of the proposals for other factors evaluated; where competing proposals are determined to be substantially equal, total cost and other cost factors could become the controlling factor." The technical factors were "a. Demonstrated experience and expertise by the offeror in developing, constructing, and operating an [ALM] as described in the specifications in Section C of this solicitation or test equipment of similar or comparable complexity. "b. Demonstrated understanding of the requirement as specified in the scope of work. "c. Adequacy of the offeror's own resources (personnel and equipment) to construct the type of machine described herein as opposed to dependence on subcontracting. "Factor (a) is significantly more important than factors (b) and (c). Factor (b) is slightly more important than factor (c). Factor (c) is slightly less important than factor (b)." Offerors were required to submit sufficient information with their proposals to permit evaluation in accordance with the stated factors; there was no specific requirement that offerors demonstrate compliance with all specification requirements. The Corps received nine proposals by the closing date for receipt of proposals, including Engineering Incorporated's and Dynatest's. Engineering Incorporated offered its Mk IV Accelerated Loading Facility (ALF) for $[DELETED]. The ALF is basically a 90-foot long steel structural frame containing a moving test wheel carriage that travels longitudinally at specified speeds back and forth on rails attached to the frame. Loads of weights are applied to the test wheel carriage, whose test wheels are fitted with either truck or aircraft tires, to achieve the desired load on the pavement test section. Dynatest offered its Mark IV Heavy Vehicle Simulator (HVS) for $[DELETED].