Exploration Products, B-279251.2; B-279251.3, June 1, 1998
Case: B-279251.2
Agency:
Protester: Exploration Products, B
Date: 1998-06-01
Denied
Exploration Products, B-279251.2; B-279251.3, June 1, 1998
BNUMBER: B-279251.2; B-279251.3
DATE: June 1, 1998
TITLE: Exploration Products, B-279251.2; B-279251.3, June 1, 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:Exploration Products
File: B-279251.2; B-279251.3
Date:June 1, 1998
Michael A. Hordell, Esq., and Laura L. Hoffman, Esq., Gadsby & Hannah,
for the protester.
Marian E. Sullivan, Esq., and P. Alan Luthy, Esq., Department of the
Air Force, for the agency.
John Van Schaik, Esq., and Michael R. Golden, Esq. Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Selection of higher-priced proposal for small shelter/environmental
control units was reasonable where testing of the protester's proposed
equipment showed that the equipment did not meet a number of mandatory
specifications.
DECISION
Exploration Products protests the award of a contract to Alaska
Industrial Resources, Inc. under request for proposals (RFP) No.
F08626-97-R-0107, issued by the Department of Air Force for a quantity
of small shelter/environmental control units (SS/ECU). Exploration
argues that its SS/ECU was not properly evaluated and that the Air
Force should have communicated with the firm concerning certain
failures of its equipment during government testing.
We deny the protest because Exploration's SS/ECU was unacceptable and
Exploration could not be awarded the contract due to its failure to
meet certain mandatory specifications.
The RFP stated that the objective of the contract is to procure a
commercially-available, nondevelopmental shelter and ECU to replace
the agency's current shelters for housing and work areas and that the
primary focus is to acquire a system that is less of a burden to
transport than the current SS/ECU. The RFP included a "System
Performance Specification" which described the performance
requirements and physical characteristics of the new SS/ECU. That
document stated, at section 1.1, that "[t]he primary objective of the
specification is to outline the performance and physical
characteristic requirements for a new system that reduces the
transportability (weight and volume) and cost burdens of the existing
. . . shelter system."
The acquisition was structured to permit the Air Force to make
multiple awards for a limited number of units for testing and then to
downselect to a single contractor to supply the units. The RFP stated
that the government anticipated awarding up to three contracts,
although it reserved the right to award fewer. The first four line
items in the RFP were for four complete SS/ECUs (line item 0001), test
samples of materials used in the shelters (0002), training for the
SS/ECUs (0003), and maintenance and repair during testing (0004). All
remaining line items were options to be exercised after the downselect
decision.
The RFP contemplated award to the offeror whose proposal was most
advantageous to the government based on an assessment of the following
four areas, listed in descending order of importance:
1.technical capability
2.logistics and readiness
3.cost/price
4.general considerations
Under the technical capability area, the RFP listed the following
three factors in descending order of importance: (1) key performance
parameters, (2) manufacturing capability, and (3) system integration,
technical tradeoffs, and other performance parameters. The RFP also
indicated that proposals would be rated for proposal risk and
performance risk under each of the factors and that past performance
would be evaluated and assessed in each area at the factor level.
Concerning the downselect decision, the RFP stated:
Once the proposal review is completed, the Government intends to
subject the contract award candidates to comprehensive tests and
technical field evaluations within the parameters outlined in the
System Performance Specification . . . . Knowledge gained from
results of this evaluation/testing will be used by the source
selection team to update and verify the initial evaluation of the
3 candidates/contractors. These updated evaluations will serve
as the down select criteria for determining which of the three
candidates/contractors proposed systems provides the "Best Value"
to the Government.
The Air Force received nine technical proposals. After evaluation,
the agency conducted discussions and then determined that four
proposals were acceptable and requested price proposals from those
firms.
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