RTF/TCI/EAI Joint Venture, B-280422.3, December 29, 1998

B-280422.3 Dec 29, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Agency evaluation of protester's proposal and oral presentation is reasonable where it was performed in accordance with stated evaluation criteria and reflects valid criticisms of protester's proposed approach. 2. Agency's source selection in which price was considered only in the competitive range determination. Did not prejudice the protester where the awardee's proposal was evaluated as significantly superior to the protester's and the awardee's price was significantly lower than that proposed by the protester. RTF argues that the agency's evaluation and award determination were flawed. The RFP included a statement of objectives (SOO) (Attachment 001) which outlined the essential tasks that each offeror was to address in its proposed scope of work. View Decision Matter of: RTF/TCI/EAI Joint Venture File: B-280422.3 Date: December 29, 1998 DIGEST Attorneys DECISION RTF/TCI/EAI Joint Venture (RTF) protests the award of a contract to Earth Tech, Inc. under request for proposals (RFP) No. DAAA09-97-R-0271, issued by the U.S. Army Industrial Operations Command, for the disposal and decontamination of government property at the Longhorn Army Ammunition Plant (LHAAP). RTF argues that the agency's evaluation and award determination were flawed. We deny the protest. The RFP, issued on October 10, 1997, sought fixed-price proposals on a commercial item basis (see Federal Acquisition Regulation (FAR) Part 12) for the liquidation of personal and installed property and, as necessary, decontamination of property prior to sale. The RFP included a statement of objectives (SOO) (Attachment 001) which outlined the essential tasks that each offeror was to address in its proposed scope of work. Offerors were expected to develop a scope of work with an innovative approach to satisfy the government's SOO requirements. As set forth in the SOO synopsis, the 24-month work effort consisted of: explosive contamination coding; assessing personal property and marketable installed property market value; assessing installed real property salvage value; developing a marketing plan maximizing property sales values; publication and distribution of sales brochures; conducting liquidation actions and sales; maintaining a property disbursement audit trail and accounts receivable ledger; managing property removal; identifying environmental/health hazards that interfere with the property liquidation process; and environmental testing and decontamination of buildings. The majority of these tasks were to be accomplished by the successful offeror for the fixed price proposed. /1/ With regard to the liquidation of personal, installed, and salvageable real property, the SOO explained that it was the government's intent to sell and remove that property, using best commercial practices for the disposal process, leaving only buildings that had been cleaned inside and out of accumulated scrap and debris, and with the objective of maximizing proceeds. It also was the government's intent that potential contaminated personal property be disposed of in a safe and efficient manner; that qualified buyers of contaminated property be made fully aware of the contaminated/decontaminated status of the property; that property containing hazardous material as part of its original functional operation be sold for its intended purpose; and that the contractor attempt to sell equipment containing asbestos, hazardous materials, PCB capacitors, and explosives for their intended use. If the contractor was unsuccessful at selling property for its intended purpose or to a qualified scrap dealer, the contractor remained responsible for proper disposal. The government retained the right to determine whether any particular sale was in the best interests of the government. The contractor is responsible for complying with all existing federal, state, and local environmental laws and regulations including obtaining appropriate environmental permits required for contract performance. Notwithstanding other contract provisions, the government retains the risk, responsibility, and obligation to pay for and remedy all pre-existing conditions at LHAAP, including remediation and corrective actions. In accordance with attachment 003, "Instructions for Offerors," proposals were to include sections on experience, past performance, technical plan including a five-page environmental plan concerning the building assessment and optional environmental actions, a two-page integrated master schedule, a seven-page quality assurance surveillance plan (QASP), and a scope of work meeting the SOO requirements.