Chant Engineering Company, Inc., B-279049; B-279049.2, April
Case: B-279049
Agency:
Protester: Chant Engineering Company, Inc., B
Date: 1998-04-30
Denied
Chant Engineering Company, Inc., B-279049; B-279049.2, April
BNUMBER: B-279049; B-279049.2
DATE: April 30, 1998
TITLE: Chant Engineering Company, Inc., B-279049; B-279049.2, April
30, 1998
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Matter of:Chant Engineering Company, Inc.
File: B-279049; B-279049.2
Date:April 30, 1998
Michael H. Payne, Esq., and Joseph A. Hackenbracht, Esq., Starfield &
Payne, for the protester.
Robert Martin, Esq., Simon, Turnbull & Martin, for Rexroth
Corporation, an intervenor.
Glenn Heisler, Esq., Panama Canal Commission, for the agency.
C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of
the General Counsel, GAO, participated in the preparation of the
decision.
DIGEST
1. Evaluation of protester's proposal was reasonable and consistent
with solicitation providing for submission of preliminary design for
hydraulic power systems where agency reasonably found the information
submitted with the preliminary design insufficient to establish that
design could meet the agency's technical requirements.
2. Allegation that awardee received an unfair competitive advantage
under solicitation to design and manufacture hydraulic systems for
lock gate, because it performed an earlier contract to design a
prototype system, fails to state a valid basis of protest, in the
absence of evidence showing preferential or unfair action by the
government.
DECISION
Chant Engineering Company, Inc. protests the award of a contract to
Rexroth Corporation under request for proposals (RFP) No.
CNC-82163-LM-29, issued by the Panama Canal Commission for hydraulic
power systems to operate miter gates. Chant asserts that the
evaluation and rejection of its proposal were unreasonable.
We deny the protests.
On October 1, 1997, the Commission issued the RFP for a multiyear
(8-year) fixed-price contract to design, fabricate, deliver, and
supervise the installation of hydraulic power systems to replace the
existing machinery for operating miter gates at locks in the canal.
RFP sec. B, C.1.1. The RFP advised offerors that: the gates were
nearly 65 feet in length and 7 feet in thickness, with heights ranging
from 47 to 82 feet; the machinery had to open or close the gates
within 2 minutes; and the canal's three locks included 80 gates, all
requiring the new systems. RFP sec. C.1.3. The RFP advised potential
offerors that the moving machinery consisted of a large gear, or crank
gear, revolving in a horizontal plane, with a vertical pin at the
periphery connected to a strut attached to the lock gate. The crank
gear room, into which the hydraulic cylinder would be installed, is
subject to flooding and is separated from a compensating gear room by
a watertight bulkhead.
The solicitation provided for award to the responsible offeror whose
proposal the Commission determined "most advantageous (in other words
represents the best value)," based upon listed evaluation criteria.
RFP sec. M.1. These criteria included three "technical merits"
subfactors, as follows: technical design and ease of installation;
experience of the firm; and past performance. RFP sec. M.2.A The
combined value of these subfactors was to be significantly more
important than price. RFP sec. M.2.B.
For evaluation under the technical design and ease of installation
subfactor, section L of the RFP instructed offerors to furnish
detailed technical information presenting the offeror's preliminary
design for the hydraulic power system, in accordance with section C,
the statement of work. According to the RFP, sec. L.1, this information
was to include the following:
a. Preliminary design for the hydraulic cylinder and hydraulic
power unit.
b. Preliminary design calculations for the forces exerted by the
existing miter gate moving machine.
c. A hydraulic control schematic for the main hydraulic power
unit.
d. A written description of the hydraulic system explaining how
it will operate to meet the design parameters listed in the
specifications. Particular emphasis should be placed on the
pumps to be used and how they will be controlled.
e. A written description and/or drawing showing ability to shop
test the hydraulic cylinder under simulated field loading
conditions.
f. Electrical and control schematics with control operations
sequence description.
g. Electrical single-line, and elementary diagrams to indicate
functions of equipment components.
h. Step-by-step installation procedure.
i. Ease of Installation: Offerors shall submit information as
to how their proposed hydraulic powered system will be installed.
Full decision text continues on ProtestIntel...