ABB Power Generation, Inc.
Case: B-272681
Agency: Department of Defense : Department of the Army : Corps of Engineers
Protester: ABB Power Generation, Inc.
Date: 1996-10-25
Denied
ABB Power Generation, Inc.
BNUMBER: B-272681; B-272681.2
DATE: October 25, 1996
TITLE: ABB Power Generation, Inc.
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DOCUMENT FOR PUBLIC RELEASE
A protected decision was issued on the date below and was subject to a
GAO Protective Order. This version has been redacted or approved by
the parties involved for public release.
Matter of:ABB Power Generation, Inc.
File: B-272681; B-272681.2
Date: October 25, 1996
B. Michael Schestopol, Esq., and James F. Nagle, Esq., Oles, Morrison
& Rinker, for the protester.
Gregory W. Vanagel, Esq., and William A. Hough, Esq., Army Corps of
Engineers, for the agency.
Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that contracting agency improperly failed to disclose
evaluation guidelines for rating certain proposal features as more
desirable or less desirable is denied since agencies are not required
to inform offerors of their specific rating methodology.
2. Where record shows that even if protester's proposal had received
the maximum possible score in an evaluation area associated with an
allegedly inadequately discussed issue, it still would not have been
in line for award; there is no basis to conclude that any inadequacy
in discussions prejudiced the protester by depriving it of an
opportunity for award.
DECISION
ABB Power Generation, Inc. protests the award of a contract to
National Electric Coil (NEC) under request for proposals (RFP) No.
DACW21-95-R-0055, issued by the Army Corps of Engineers, Savannah
District, to rewind and refurbish four hydroelectric generators at the
Hartwell Power Plant in Hartwell, Georgia. ABB principally challenges
the Army's evaluation of its proposal.
We deny the protests.
BACKGROUND
Each generator consists of a rotating cylinder inside a stationary
cylinder, or stator. Current is produced by induction through coil
windings which are part of the stator. The successful offeror would
receive a fixed-price contract to design, manufacture, supply, and
install new sets of stator coils and to otherwise refurbish the
generators in accordance with specified performance requirements.
Award would be made to the firm whose proposal offered the best
overall value to the government. The RFP stated that the Army was
more concerned with obtaining superior technical features than with
making an award at the lowest overall price, but would not make an
award at a significantly higher overall price to achieve slightly
superior features. Proposals would be evaluated based upon four
factors, in descending order of importance: technical; previous
experience; management; and price. One of the three technical
subfactors, at issue here, was winding installation.
Offerors were required to submit a completed contractor compliance
checklist along with their technical proposals. This checklist
repeated the specifications and required offerors to indicate whether
they proposed to conform with each specification, including those
which could be met in more than one way. Offerors' technical
proposals were to have sufficient information and descriptive data to
corroborate the checklist and other required information.
The Army evaluated each of the six proposals it received and included
all of them in the competitive range. Written and oral discussions
were conducted, and best and final offers (BAFO) were submitted. The
final evaluation results for the four highest-rated offers were as
follows:[1]
Firm A NEC Firm B ABB
Technical 30.1 34.4 28.5 17.2
Previous Experience27.0 16.0 17.0 28.0
Management 9.5 9.0 9.0 9.0
Total 66.6 59.4 54.5 54.2
Price $9,267,023 $5,680,180 $7,619,126[DELETED]
The source selection board report identified the advantages and
disadvantages of each proposal, and the source selection decision
summary contained a comparative analysis of the board's findings. In
concluding that NEC offered the best value to the government, the
contract specialist stated that although Firm A had a higher score
overall, NEC outscored the firm in the technical area, and the risk
associated with NEC's previous experience was not considered
significant enough to outweigh the cost difference between the two.
ABB's lower-rated proposal was not addressed in the contract
specialist's cost/technical tradeoff analysis. However, she noted
that the firm's side packing system was a "conformance fit" system, as
opposed to the superior "interference fit" system offered by NEC, and
that ABB's proposed check wedging system did not afford the most
optimum method for checking spring deflection, while NEC's description
of its check wedge system indicated a superior approach.
Full decision text continues on ProtestIntel...