Action Mobile Transportation, Inc.

B-275427.2 Mar 21, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Bid for only some of the severable items solicited is responsive and multiple awards are required where such awards would result in the lowest evaluated total price for the services. Contractor to ensure that eight (8) vehicles will be made available to the VAMC on workdays between the hours of 6:00 A.M. to 6:00 P.M. Bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed. Individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government. Provided prices only for categories A and B. [1] The total prices for the base and option years for each category and the total bid prices were as follows: Bidder [2] A B C Total Action Mobile $ 293. View Decision Matter of: Action Mobile Transportation, Inc. File: B-275427.2 Date: March 21, 1997 DIGEST Attorneys DECISION Action Mobile Transportation, Inc. protests an award to Medi-Cars of Ohio under invitation for bids (IFB) No. 541-35-97, issued by the Department of Veterans Affairs (VA) Medical Center, Brecksville, Ohio, for wheelchair van and bed van services. Action Mobile protests the rejection of its bid as nonresponsive. We sustain the protest. The IFB, issued on August 22, 1996, contemplated the award of firm, fixed-price contract(s) for 1 year with 2 option years. The van services would be used to transport beneficiaries of the VA Medical Center (VAMC) between VA facilities and other locations. The bid schedule stated: ". . . Contractor to ensure that eight (8) vehicles will be made available to the VAMC on workdays between the hours of 6:00 A.M. to 6:00 P.M. At least one (1) vehicle shall remain available during off tour hours." The bid schedule solicited prices for three categories of van services: (A) seven wheelchair vans between the hours of 6:00 a.m. to 6:00 p.m.; (B) one wheelchair van for nights, weekends and holidays; and (C) one bed van between the hours of 6:00 a.m. to 6:00 p.m. Each of these categories listed several types of charges, corresponding estimated quantities, and spaces for bidders to insert respective unit and extended prices for base and option years. The schedule also provided spaces for bidders to insert the total price for each of the base and option years. Category C also stated: "Bed Van Vehicle shall be included in the total vehicle request of eight (8)." The instructions to bidders at Section L of the IFB included the provision at Federal Acquisition Regulation (FAR) Sec. 52.214-10 "Contract Award - Sealed Bidding (JUL 1990)" (hereafter "the award clause"), which stated in pertinent part: "(c) The Government may accept any item or group of items of a bid, unless the bidder qualifies the bid by specific limitations. Unless otherwise provided in the Schedule, bids may be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the bidder specifies otherwise in the bid." [Italics in original.] Section M of the IFB included the provision at FAR Sec. 52.214-22, "Evaluation of Bids for Multiple Awards (MAR 1990), which stated: "In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating bids, that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs." VA received six bids by bid opening on September 23. Two of the bids, including the one submitted by Action Mobile, provided prices only for categories A and B. [1] The total prices for the base and option years for each category and the total bid prices were as follows: Bidder [2] A B C Total Action Mobile $ 293,250 $ 22,350 No Bid $ 315,600 Crest 405,150 49,200 No Bid 454,350 Medi-Cars 436,500 27,000 $ 77,250 540,750 American 531,750 33,000 55,875 620,625 Able 516,750 88,500 55,800 661,050 Hopkins 1,156,250 141,000 303,225 1,600,475 None of the bids indicated that they were on an "all or none" basis. The contracting officer rejected the bids of Action Mobile and Crest as nonresponsive and, on September 25, awarded a contract to Medi-Cars for all 3 categories at a total evaluated price of $540,750. Crest protested the award to VA on October 1. VA then determined that, pursuant to the FAR Sec.