Vantex Service Corporation

B-266199 Jan 30, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Technical proposals were to describe an offeror's supplies and equipment. The RFP stated that a minimum of 2 years experience was desired. The RFP stated that once technical acceptability was established based on these evaluation factors. Maintains that the agency should procure its requirements using sealed bidding procedures because discussions are not necessary for these "uncomplicated and low-tech" requirements and because the award will be based solely on price. [1] Under the Competition in Contracting Act of 1984 (CICA). Contracting agencies are required to obtain full and open competition and. Are required to use competitive procedures. In determining which competitive procedure is appropriate. View Decision Matter of: Vantex Service Corporation File: B-266199 Date: January 30, 1996 Agency properly determined to use competitive negotiation procedures, as opposed to sealed bidding, to procure its requirements where, based on prior performance problems, the agency determined that discussions would be necessary to ensure that offerors understood the requirements of the solicitation prior to award and where the award would not be based solely on price. Attorneys DECISION Vantex Service Corporation protests the decision of the Department of the Army to use competitive negotiation procedures to procure portable latrines and related services at Fort Hood, Texas under request for proposals (RFP) No. DAKF48-95-R-0015. Vantex maintains that the agency should conduct this procurement using sealed bidding procedures. We deny the protest. The RFP, issued as a total small business set-aside, contemplated the award of a firm, fixed-price contract for a base period with 4 option years. The RFP required offerors to submit technical and price proposals. Technical proposals were to describe an offeror's supplies and equipment, company experience, and quality control program. With respect to an offeror's supplies and equipment and quality control program, the RFP required offerors to furnish particular information, demonstrating the firm's understanding of the solicitation requirements. With respect to experience, the RFP stated that a minimum of 2 years experience was desired, and that an offeror with less than the desired experience would be referred to the Small Business Administration (SBA) for the possible issuance of a certificate of competency (COC). The RFP provided that the award would be made to the responsible offeror that submitted the lowest-priced, technically acceptable proposal. The RFP included the following technical evaluation factors: (1) material and equipment list; (2) company experience; and (3) quality control program. The RFP stated that once technical acceptability was established based on these evaluation factors, price would become the determining factor for award. Vantex, a small business, maintains that the agency should procure its requirements using sealed bidding procedures because discussions are not necessary for these "uncomplicated and low-tech" requirements and because the award will be based solely on price. [1] Under the Competition in Contracting Act of 1984 (CICA), contracting agencies are required to obtain full and open competition and, in doing so, are required to use competitive procedures--negotiation or sealed bids--that they determine to be best suited to the circumstances of a given procurement. 10 U.S.C. Sec. 2304(a)(1) (1994); Military Base Management, Inc., 66 Comp.Gen. 179 (1986), 86-2 CPD Para. 720. CICA further provides that, in determining which competitive procedure is appropriate, an agency must solicit sealed bids if: (1) time permits; (2) award will be based on price; (3) discussions are not necessary; and (4) more than one bid is expected. 10 U.S.C. Sec. 2304(a)(2)(A); see JT Constr. Co., Inc., B-244404.2, Jan. 2, 1992, 92-1 CPD Para. 1. Negotiated procedures are authorized only if sealed bids are not appropriate under 10 U.S.C. Sec. 2304(a)(2)(A). See 10 U.S.C. Sec. 2304(a)(2)(B). While the decision whether to employ negotiated procedures involves the exercise of business judgment, such decision must be reasonable. Racal Corp., 70 Comp.Gen. 127 (1990), 90-2 CPD Para. 453. The agency explains that the contracting officer decided to conduct this procurement using competitive negotiation procedures in order to have an opportunity to conduct discussions. The agency reports that while it previously procured portable latrines for military training field exercises using small purchase procedures, it encountered problems with timely delivery and servicing of the latrines in a military training field environment, often in a remote area under various weather conditions.