Kahn Instruments, Inc., B-277973, December 15, 1997

B-277973 Dec 15, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest that agency improperly evaluated protester's alternate design proposal for digital hygrometers as technically unacceptable and impermissibly made award on the basis of initial proposals is denied. Where record shows agency reasonably concluded that the proposal was unacceptable due to informational deficiencies. Award to remaining technically acceptable offeror without discussions was consistent with the solicitation. We deny the protest. [1] BACKGROUND The hygrometers called for by the RFP are to be used to measure the water content of various gases that cool the Sidewinder AIM-9M missile. Although hygrometers are commercially available. Off-the-shelf hygrometers were not considered to meet the agency's needs. View Decision Matter of: Kahn Instruments, Inc. File: B-277973 Date: December 15, 1997 * REDACTED DECISION DIGEST Attorneys DECISION Kahn Instruments, Inc. protests the rejection of its proposal and the award of a contract to Panametrics under request for proposals (RFP) No. N68936-97-R-0157, issued by the Naval Air Warfare Center, Weapons Division for 215 digital hygrometers. We deny the protest. [1] BACKGROUND The hygrometers called for by the RFP are to be used to measure the water content of various gases that cool the Sidewinder AIM-9M missile. Although hygrometers are commercially available, due to the Navy's special requirements, commercial, off-the-shelf hygrometers were not considered to meet the agency's needs. The Navy developed a prototype hygrometer and drawings based on a commercially-available Panametrics hygrometer and purchased from Panametrics a quantity of the instruments built to the Navy's drawings. As issued, the current RFP included those Navy-developed drawings and essentially permitted only offers meeting those drawings. In a protest and a series of letters to the agency, Kahn complained that the RFP was unduly restrictive of competition since it did not permit offers based on other than the Panametrics instrument. The Navy amended the RFP to permit alternative offers meeting certain listed operational requirements. The RFP and accompanying drawings required the hygrometer to be built into a portable carrying case with two detachable halves. One half of the case is to house the hygrometer instrument itself, either the referenced Panametrics instrument or an acceptable alternative. The other half of the case is to house a sampling system and other parts. The RFP also called for the sensor--the part of the system that comes into contact with the gas to be tested, Hearing Transcript (Tr.) at 8, 10--to be mounted in the sampling system, not in the hygrometer itself. Although commercially available hygrometers were not considered to meet the agency's needs without modifications, the RFP was issued as a commercial buy. The RFP required that offers show: A technical description which shall include a comprehensive statement of the offeror's understanding of the work required in this solicitation and the offeror's method of approach to attain contract objectives. The technical description shall also be specific, detailed, and complete enough to demonstrate that the offeror has a thorough understanding of the requirements needed to achieve the specifications of the products described in the solicitation. The technical description may include product literature, or other documents, but shall not include advertisements or unsubstantiated opinions. The RFP stated that award would be made to the responsible offeror whose proposal, conforming to the solicitation, was most advantageous to the government, price and other factors considered. The RFP listed as evaluation factors: (1) technical capability of the item offered to meet the government's requirement, (2) past performance, and (3) price, and stated that when combined, the first two factors were significantly more important than the third. The RFP also stated that the government intended to award a contract without discussions with offerors so that initial proposals should contain the offeror's best terms. The RFP, however, reserved the right for the agency to conduct discussions. Two proposals were submitted. Kahn's proposal, priced at [deleted], did not offer the Panametrics commercial hygrometer; rather it was based on a commercially-available Kahn Cermax hygrometer. Kahn's technical proposal consisted of the following sections: I. Technical Presentation Summary II. Technical Description III. Statement of Compliance IV. First Article Testing The Navy's technical evaluator found Kahn's proposal to be technically unacceptable. Generally the evaluator concluded that, while there were some specifications in Kahn's proposal, the proposal did not explain how the complete instrument would be assembled.