R&B Equipment Company

B-271194 May 22, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest that solicitation for industrial chillers is unduly restrictive of competition because it requires that the compressor bearing housing be equipped with removable access panels is denied where the record shows that the requirement is reasonably based on historical data. R & B contends that the IFB is unduly restrictive of competition. R & B concludes that the requirement was written so as to favor Carrier. That the IFB improperly excludes any other manufacturers from competing. [1] Agencies are required to specify their needs in a manner designed to promote full and open competition. May only include restrictive provisions in a solicitation to the extent that they are necessary to meet the agency's minimum needs. View Decision Matter of: R & B Equipment Company File: B-271194 Date: May 22, 1996 Protest that solicitation for industrial chillers is unduly restrictive of competition because it requires that the compressor bearing housing be equipped with removable access panels is denied where the record shows that the requirement is reasonably based on historical data, including preventive maintenance records and the contracting agency's engineers' personal observations and experience, which support the agency's determination that the panels generally facilitate inspection and repairs on critical components of the chillers, thereby enhancing equipment longevity and reliability, while significantly reducing overall maintenance costs. Attorneys DECISION R & B Equipment Company protests the terms of invitation for bids (IFB) No. F34650-95-B-0037, issued by the Department of the Air Force to replace three 2,000 ton-capacity industrial chillers at Tinker Air Force Base (AFB), Oklahoma. R & B contends that the IFB is unduly restrictive of competition. We deny the protest. Amendment No. 4 to the IFB added the following specification: "Compressor bearing housing shall be provided with removable access/inspection cover plate of sufficient size to permit inspection and replacement of compressor bearings." According to R & B, none of the manufacturers of industrial chillers can provide equipment that meets the requirement. Specifically, R & B asserts that none of the manufacturers can claim that the compressor bearings on their respective equipment can be inspected or replaced through a removable access plate. R & B further asserts that only one manufacturer, Carrier Corporation, can offer equipment with "token" access plates. The protester maintains, however, that even Carrier's equipment does not meet the IFB's specification. Nevertheless, R & B concludes that the requirement was written so as to favor Carrier, and that the IFB improperly excludes any other manufacturers from competing. [1] Agencies are required to specify their needs in a manner designed to promote full and open competition, and may only include restrictive provisions in a solicitation to the extent that they are necessary to meet the agency's minimum needs. Pipeliner Sys., Inc., 73 Comp.Gen. 61 (1993), 93-2 CPD para. 343. Where a protester alleges that a requirement is unduly restrictive, we will review the record to determine whether the requirement has been justified as reasonably necessary to satisfy the agency's minimum needs. Sunbelt Indus., Inc., B-246850, Mar. 31, 1992, 92-1 CPD para. 325. The contracting agency, which is most familiar with its needs and how best to fulfill them, must make the determination as to what its minimum needs are in the first instance, and we will not question that determination unless it has no reasonable basis. Johnson Controls, Inc., B-243605, Aug. 1, 1991, 91-2 CPD para. 112. Here, the record supports the agency's determination to require the access panel. The chillers in question provide year-round climate control to several important computer systems critical to the mission of Tinker AFB. These computer systems are very sensitive to changes in building temperature, requiring a continuous controlled climate for optimal operation. Air Force engineers have calculated the cost of computer failure due to inadequate cooling of these advanced computer systems at more than $300,000 per hour. Due to the critical nature of the services provided by the computer equipment, and the costs associated with computer "down time," the agency states that its paramount concern in replacing the existing chillers is facilitating the engineers' access to critical components of the equipment, such as the compressor bearings, as well as controlling maintenance costs. According to the Air Force, the access panels facilitate upkeep of the equipment in several respects, resulting in lower maintenance costs. The agency states that the eight chillers currently operating at Tinker AFB have had preventive maintenance and repairs performed using the access panels.