Jet Investments, Inc., B-276215; B-276215.2, May 22, 1997
Case: B-276215
Agency:
Protester: Jet Investments, Inc., B
Date: 1997-05-22
Denied
Jet Investments, Inc., B-276215; B-276215.2, May 22, 1997
BNUMBER: B-276215; B-276215.2
DATE: May 22, 1997
TITLE: Jet Investments, Inc., B-276215; B-276215.2, May 22, 1997
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Matter of:Jet Investments, Inc.
File: B-276215; B-276215.2
Date:May 22, 1997
Phillip B. Allen, Esq., for the protester.
Maj. Michael J. O'Farrell, Jr., for the agency.
Katherine I. Riback, Esq. and Paul Lieberman, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Where solicitation required offerors to submit specific information
setting forth their transportation and quality control plans, proposal
was properly found unacceptable because of protester's failure to
submit the required information regarding these plans.
DECISION
Jet Investments, Inc. protests the award of a contract to Command
Management Services, Inc. (CMS) under request for proposals (RFP) No.
DAKF57-96-R-0016, issued by the Department of the Army for meals,
lodging, and transportation for the Military Entrance Processing
Station, in Oakland, California. Jet primarily contends that its
proposal was unfairly evaluated.
We deny the protest.
The solicitation, issued on October 11, 1996, contemplated the award
of a fixed-price requirements contract for a base year with four
1-year options. The RFP's evaluation scheme provided that proposals
would be evaluated under the following criteria, in descending order
of importance: quality, past performance, and price. Award was to be
made, without discussions, to the offeror whose proposal was most
advantageous to the government, price and other factors considered.
The solicitation also instructed offerors as to information required
to be included in technical proposals to permit technical evaluations,
including a transportation plan with certain specified information
(including the routes to be used to transport the military personnel
and the frequency of departure), and a quality control plan detailing
policies and procedures regarding customer service and corrective
action taken to rectify identified deficiencies.
The agency received three proposals by the November 19 closing date.
The proposals of CMS and another offeror both received overall
technical ratings of "excellent," while Jet's proposal received an
overall rating of "unacceptable." Jet's proposal was found
unacceptable because it did not include a quality control plan, and
because overall the proposal lacked sufficient detail to convey Jet's
approach to the evaluators. The agency determined that CMS offered
the best value to the government and made award to that company on
January 29, 1997. This protest followed.
Jet argues that the agency improperly evaluated its proposal. Jet
contends that the agency did not adequately take into account the fact
that it operates the proposed hotel and owns its proposed
transportation fleet. Jet complains that the agency discounted its
proposal for lacking a quality control plan, when its proposal did, in
fact, contain a section entitled "quality control plan." Finally, Jet
contends that the agency improperly rated its past performance with
the Military Sealift Command as "satisfactory," rather than
"excellent." Jet contends that the agency improperly downgraded its
proposal for "technical" reasons, based on the "words on the page,"
when "what really matters is performance."
The agency points out that Jet's proposal failed to include much of
the information required by the solicitation. While the agency
recognized that Jet owned and managed the proposed hotel and viewed
Jet's on-site management as a plus, it also noted that Jet's
transportation plan failed to include any information on the
maintenance or safety inspection plans for its vehicles or to identify
the routes that would be used, as required by the RFP. In this
regard, Jet's proposal stated only that "routes will depend on weather
and traffic." The agency also noted that while Jet's proposal did
include a section entitled "quality control plan," this section only
restated Jet's small disadvantaged business status, and included no
information about or references to methods it would employ to identify
and correct deficiencies.
An offeror in a negotiated procurement disregards at its peril a
solicitation's instructions to provide specific information with its
written proposal. Allenhurst Indus., Inc., B-256836; B-256836.2, July
8, 1994, 94-2 CPD para. 14 at 4. Based on our review of the record, we
find that Jet failed to follow the RFP's clear, specific instructions
and that the agency reasonably concluded that the information the firm
did provide was insufficient to show that Jet understood or would
satisfy the requirements of the contemplated contract.
Full decision text continues on ProtestIntel...