Riveer Company, B-279723, July 14, 1998

B-279723 Jul 14, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The prototype ACDS will be used for operational evaluation by the contracting agency to establish the requirements for a production model ACDS. The technical factor was of paramount importance and price was more important than past performance. Proposals would be evaluated under the technical factor to assess whether the proposed ACDS will likely meet the minimum government requirements. The solicited ACDS is a portable stand-alone piece of equipment with a self-contained power source. It will operate by spraying cleaners/solvents. The ACDS is required to provide an environmentally safe method of washing aircraft in a field environment by utilizing a portable containment system that will catch runoff and return the runoff to the ACDS for processing so that the fluid is clean enough for use in washing more aircraft or for proper disposal. View Decision Matter of: Riveer Company File: B-279723 Date: July 14, 1998 DIGEST Attorneys DECISION Riveer Company protests the rejection of its proposal and the award of a contract to The Centech Group, Inc. under request for proposals (RFP) No. DAAH10-98-R-0004, issued by the U.S. Army Aviation and Missile Command, Aviation Applied Technology Directorate, Fort Eustis, Virginia, for a prototype aircraft cleaning and deicing system (ACDS). The prototype ACDS will be used for operational evaluation by the contracting agency to establish the requirements for a production model ACDS. We deny the protest. The RFP, issued February 11, 1998, as a total small business set-aside under the commercial item procedures of FAR part 12, contemplated the award of a fixed-price contract to the responsible offeror whose offer conforming to the solicitation represents the best value to the government, price, technical and past performance factors considered. RFP at 1, 10, 19. The technical factor was of paramount importance and price was more important than past performance. RFP at 19. According to the RFP, proposals would be evaluated under the technical factor to assess whether the proposed ACDS will likely meet the minimum government requirements. Id. The RFP incorporated a modified version of the standard provision "Instructions To Offerors--Commercial Items," FAR Sec. 52.212-1, which informs offerors that the government intends to evaluate offers and award a contract without discussions (but reserves the right of the government to conduct discussions if necessary) and that initial offers should therefore contain an offeror's best terms from a price and technical standpoint. FAR Sec. 52.212-1(g). The solicited ACDS is a portable stand-alone piece of equipment with a self-contained power source. It will operate by spraying cleaners/solvents, deicing fluid or water through a nozzle and wand assembly at the temperature and pressure appropriate for the task. Because the runoff from washed aircraft and components (e.g., engines) typically contains soap, dirt, grease, and other contaminants, the ACDS is required to provide an environmentally safe method of washing aircraft in a field environment by utilizing a portable containment system that will catch runoff and return the runoff to the ACDS for processing so that the fluid is clean enough for use in washing more aircraft or for proper disposal. The RFP's statement of work (SOW) required, among other features, that the ACDS: C-1.7. Provide the capability to catch, collect, and recover fluid runoff. . . . When aircraft wash water is recovered the ACDS must provide the capability to process the effluent to meet U.S. Environmental Protection Agency (EPA) and foreign environmental standards. The following levels of contamination are representative of the effluent following a typical aircraft wash cycle: . . . . . The ACDS will process this effluent so that after eight typical aircraft wash cycles the effluent will have no greater than the following levels of contamination: . . . . . C-1.10. . . . The gross weight of the ACDS must not exceed 4200 lbs. . . . . . C-1.13. Have sufficient water capacity through the use of effluent processing to operate not less than 2 hours. . . . The total water storage capacity shall not exceed 200 gallons. The clean fluid source and the processed fluids recovered from the containment system shall be stored separately. The clean fluid will be used primarily for rinse operations whereas the processed fluid will be used primarily for washing operations. RFP at 12, 13. Riveer and Centech were among the offerors that submitted proposals by the March 13 due date.