Cavalier Corporation

Case: B-265746 Agency: Central Intelligence Agency Protester: Cavalier Corporation Date: 1995-11-22 Denied
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B-265746 Nov 22, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Lower-priced offeror was proper where solicitation's evaluation criteria gave predominant weight to technical factors. GSA "anticipated that the only remaining solution for mitigating the elevated radon levels is to install a sub-slab ventilation system in the sub-basement in conjunction with positive pressurization of the sub-basement.". The Courthouse is a nine-story building with underground levels including the sub-basement. Which is the lowest level in the building. These pipes in turn are connecting to another pipe or duct which exits the building. An exhaust fan is connected at the exterior outlet of the piping. Sub-slab ventilation is effective if the pressure under the slab can be maintained below that of the space being mitigated so as to draw the radon into the collection system and prevent it from seeping into the space above. [1] The RFP notified offerors that design of the system shall be subject of review and approval by GSA before the system is installed. View Decision Matter of: Cavalier Corporation File: B-265746 Date: November 22, 1995 Award to lower-rated, lower-priced offeror was proper where solicitation's evaluation criteria gave predominant weight to technical factors, and source selection officials reasonably determined that protester's higher-rated, higher-priced proposal offered no significant technical advantages worth the cost premium. Attorneys DECISION Cavalier Corporation protests the award of a contract to Advanced Radiation Technologies, Inc. by the General Services Administration (GSA) under request for proposals (RFP) 10PM3-95-21, for the design and installation of a radon mitigation system at the United States Courthouse, Spokane, Washington. We deny the protest. The RFP contemplated the award of a firm, fixed-price contract to the offeror submitting the greatest value proposal for the design and installation of a radon mitigation system for lowering elevated levels of radon gas in the sub-basement of the Courthouse. The RFP informed prospective offerors that previous attempts at radon mitigation, such as sealing the sub-basement floor and the constant operation of the sub-basement's ventilation system, failed to reduce radon to acceptable levels. GSA "anticipated that the only remaining solution for mitigating the elevated radon levels is to install a sub-slab ventilation system in the sub-basement in conjunction with positive pressurization of the sub-basement." The Courthouse is a nine-story building with underground levels including the sub-basement, which is the lowest level in the building. Sub-slab ventilation involves drilling holes at various locations through the floor of the sub-basement's concrete slab and connecting pipes to the holes. These pipes in turn are connecting to another pipe or duct which exits the building. An exhaust fan is connected at the exterior outlet of the piping, which operates to de-pressurize the sub-slab ventilation system, producing a suction that draws the radon through the pipes and out of the building. Sub-slab ventilation is effective if the pressure under the slab can be maintained below that of the space being mitigated so as to draw the radon into the collection system and prevent it from seeping into the space above. [1] The RFP notified offerors that design of the system shall be subject of review and approval by GSA before the system is installed, and all necessary changes and/or corrections to the design resulting from GSA review comments shall be made at no additional cost to the agency. As amended, the RFP also stated that "[d]ue to the inherent difficulties and associated costs of a roof discharge for the ventilation system alternatives to a roof discharge will be considered, provided they meet applicable building codes." (Emphasis in original.) Three firms submitted timely offers, including the protester and the awardee. Cavalier proposed a sub-slab ventilation system--that would discharge the radon through the roof of the building--for $61,333. [2] Advanced's proposal offered a sub-slab ventilation system--that would discharge the radon through a pre-existing radon mitigation system at the adjoining Post Office building--for $37,615. The RFP stated that technical quality was more important than cost or price, but that as proposals become more equal in their technical merit, the evaluated cost or price would become more important. A two-member source selection evaluation board (SSEB) evaluated proposals based on the following technical evaluation factors (and relative weights): experience in performing similar work (35 percent), technical approach (30 percent), understanding of the work required (20 percent), and qualifications of key personnel (15 percent). The SSEB evaluated offerors' technical proposals based on a 10-point scale for each evaluation category and for an overall consensus score.

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