Systems Planning and Analysis, Inc.

B-261857.2 Nov 09, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest against elimination of proposal from the competitive range is denied where agency reasonably concluded that proposal to convert Ukrainian military shipyard to civilian use was based on unsupported assumptions that rendered success questionable and made project too risky to fund. The solicitation was issued pursuant to the Cooperative Threat Reduction Program. Under which efforts are to be made to assist the states that formerly comprised the Soviet Union in converting and privatizing defense-oriented enterprises from military manufacture to the manufacture of consumer products and infrastructure support. Offerors were required to propose a plan to assist one or more of 32 listed facilities. View Decision Matter of: Systems Planning and Analysis, Inc. File: B-261857.2 Date: November 9, 1995 Protest against elimination of proposal from the competitive range is denied where agency reasonably concluded that proposal to convert Ukrainian military shipyard to civilian use was based on unsupported assumptions that rendered success questionable and made project too risky to fund. Attorneys DECISION Systems Planning and Analysis, Inc. (SPA) protests the elimination from the competitive range of the proposal it submitted in response to request for proposals (RFP) No. DNA001-94-R-0084, issued by the Defense Nuclear Agency. We deny the protest. The solicitation was issued pursuant to the Cooperative Threat Reduction Program, under which efforts are to be made to assist the states that formerly comprised the Soviet Union in converting and privatizing defense-oriented enterprises from military manufacture to the manufacture of consumer products and infrastructure support. Offerors were required to propose a plan to assist one or more of 32 listed facilities, located in the Ukraine, in the conversion process with monetary investment, training, and support. The solicitation provided that offers would be evaluated based upon the following criteria: (1) business and technical evaluation, (2) leveraging (government vs. contractor investment), (3) proposed business entity, (4) impact of product, (5) long term growth and commitment, (6) conversion, (7) speed and visibility, and (8) impact on U.S. and Ukrainian industry and economy. DNA received 18 proposals in response to the solicitation. The proposals were evaluated and the nine top-ranked proposals, with scores between 83.9 and 70.0, were considered acceptable and included in the competitive range. SPA's proposal, which received a score of 41.4 and was ranked 16th, was excluded from the competitive range on the basis that it would require major revisions and a substantial rewrite for it to be made acceptable and have a reasonable chance for award. SPA generally questions the evaluation of its proposal and argues that the agency did not consider cost in establishing the competitive range. In establishing a competitive range, agencies are required to include only those firms whose proposals are determined to have a reasonable chance of receiving award. Federal Acquisition Regulation (FAR) Sec. 15.609. Offerors have an affirmative obligation to submit an adequately written proposal, and agencies are not required to include a proposal in the competitive range where, in order to be acceptable, it would have to be revised to such an extent that it would be tantamount to a new proposal. Cyber Digital, Inc., B-255225, Feb. 18, 1994, 94-1 CPD Para. 123; Jack Faucett Assocs., B-253329, Sept. 7, 1993, 93-2 CPD Para. 154, aff'd, Jack Faucett Assocs.--Recon., B-253329.2, Apr. 12, 1994, 94-1 CPD Para. 250. Where a protester challenges the elimination of its proposal from the competitive range, our review is limited to considering whether the evaluation and competitive range determination were reasonable and in accordance with the terms of the RFP and applicable regulations and statutes. Better Serv., B-256498.2, Jan. 9, 1995, 95-1 CPD Para. 11. Our review confirms that SPA's proposal contained deficiencies and weaknesses which provided a reasonable basis for excluding the firm's proposal from the competitive range. SPA proposed to convert the small ship line of the Black Sea Ship Yard (BSSY) into a shipyard producing medium size commercial vessels. DNA eliminated SPA's proposal from the competitive range because the agency found it was based on a number of unsupported assumptions which the agency believed made the project too risky for the government to fund.