Comptroller General Decision in the Matter of Matter of: NuWestern USA Constructors, Inc.

B-275514 Feb 27, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Agency's issuance of solicitation only in electronic format (CD-ROM) is not unduly restrictive of competition or otherwise inconsistent with applicable law and regulation. Is unduly restrictive of competition. Navy were asked to develop a process for issuing electronic solicitation packages. Five pilot projects were identified and the electronic format for the distribution of the plans and specifications was initiated. The cost savings for these five projects were significant and. The synopsis further advised that paper copies of the plans and specifications would not be provided and that firms should check the agency's internet address daily for changes to the solicitation. [2] The solicitation was sent on CD-ROM to 63 firms. View Decision Matter of: NuWestern USA Constructors, Inc. File: B-275514 Date: February 27, 1997 DIGEST Attorneys DECISION NuWestern USA Constructors, Inc. (NuWestern) protests the decision of the Department of the Army, Army Corps of Engineers Fort Worth District, to issue request for proposals (RFP) No. DACA63-97-R-0004, to design and construct a warehouse, only in electronic format. NuWestern, a small business, argues that issuance of the solicitation in electronic format only, rather than in addition to paper copies, is unduly restrictive of competition. We deny the protest. Prior to issuing the RFP, the Corps participated in a study to determine the feasibility of producing and distributing solicitation documents in electronic format. Representatives from the Air Force, Army, and Navy were asked to develop a process for issuing electronic solicitation packages. To that end, five pilot projects were identified and the electronic format for the distribution of the plans and specifications was initiated. The cost savings for these five projects were significant and, in the judgment of the study group, the use of electronic format to distribute solicitations represented an effective way to reduce the government's cost of operation without restricting competition or imposing a financial hardship on potential bidders or offerors. As a result of its participation in the study, the Corps decided to issue this solicitation only in electronic format, with proposals to be submitted on paper. [1] A Commerce Business Daily (CBD) synopsis indicated that the agency intended to issue the solicitation only on CD-ROM; amendments would be issued on floppy disks, CD-ROM, or the Internet. The synopsis further advised that paper copies of the plans and specifications would not be provided and that firms should check the agency's internet address daily for changes to the solicitation. [2] The solicitation was sent on CD-ROM to 63 firms, including the protester. Of the 63 firms that expressed interest in the procurement, the agency reports that 41 are small businesses, six are small disadvantaged businesses, and two are small disadvantaged, woman-owned businesses. NuWestern argues that use of the electronic format limits competition to those firms that possess the technology required to print the solicitation plans and specifications from the CD-ROM or that have the financial resources to pay a third party for the printing. By not printing the solicitation itself, the protester alleges, the agency unduly restricts competition because it places an undue financial burden on NuWestern and other small businesses and improperly shifts the responsibility for adequacy, completeness and accuracy of the solicitation from the government to potential offerors. The Competition in Contracting Act of 1984 (CICA) requires contracting agencies to obtain full and open competition, and this is accomplished only where all qualified firms are allowed and encouraged to submit offers on federal procurements and a sufficient number of offers is received to ensure that the government's needs are met at the lowest possible cost. 10 U.S.C. Sec. 2304(a)(1)(A) (1994); Cutter Lumber Prods., B-262223.2, Feb. 9, 1996, 96-1 CPD Para. 57. Further, the Small Business Act, as amended, 15 U.S.C. Sec. 637b (1994), requires that procuring agencies provide a copy of a solicitation to any small business concern upon request. These statutes contemplate that interested responsible sources will be given a copy of solicitation and the opportunity to compete, and thus do not permit an agency to act in a way that has the effect of unreasonably excluding a concern from competing for an award. Techniarts Eng'g, B-235994, Sept. 28, 1989, 89-2 CPD Para. 293. Federal agencies have traditionally issued their solicitations on paper and furnished paper copies to interested vendors, who then responded with paper proposals. With advances in the information technology field, however, agencies have found that the use of an electronic format, in place of a paper format, can be more efficient and economical.