Warvel Products, Inc., B-281051.5, July 7, 1999

B-281051.5 Jul 07, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The General Accounting Office in reviewing the reevaluation in response to a subsequent protest will not consider any matter that was or could have been decided by the court in its review. 2. Particularly where the agency's evaluation conclusions are supported by detailed narrative explanations and the protester does not show that the agency's findings were in error. 3. Protest that an agency was predisposed to make award to the awardee is denied where the protester does not show that the agency's evaluation judgment or source selection was unreasonable and fails to provide credible evidence demonstrating bias. Federal Prison Industries is a wholly owned government corporation within the Department of Justice that operates under the trade name UNICOR at various correctional institutions in the federal prison system. View Decision Matter of: Warvel Products, Inc. File: B-281051.5 Date: July 7, 1999 DIGEST Attorneys DECISION Warvel Products, Inc. protests the award of a contract to Nightingale, Inc. under request for proposals (RFP) No. 1PI-R-0939-98, issued by Federal Prisons Industries, Department of Justice, for ergonomic seating. Warvel challenges the agency's evaluation of proposals and source selection. We deny the protest. Federal Prison Industries is a wholly owned government corporation within the Department of Justice that operates under the trade name UNICOR at various correctional institutions in the federal prison system. UNICOR's stated mission is to employ and provide skills training to the greatest practicable number of inmates. In so doing, UNICOR ensures the safety and security of operations at federal correctional facilities while producing market-priced, quality goods in a self-sustaining manner. RFP Sec. C, at C-1. UNICOR states that it achieves this mission by manufacturing the products it sells, including many of the component parts and subassemblies. RFP Sec. M.1.a.3. The RFP, issued December 17, 1997, provided for the award of a fixed-price, requirements contract for seven styles of ergonomic chair kits for a 5-year contract term. RFP Secs. B, F.7. Offerors were required to provide pricing for the kits, consisting of all parts necessary to construct each chair model, as well as pricing for each chair component. /1/ UNICOR reserved the right to place delivery orders for either chair kits or components. The solicitation also informed offerors that UNICOR's intention was to become a manufacturer of the products under the contract, including any or all components and subassemblies. RFP Sec. C, at C-3. Thus, the RFP requested a vertical integration plan, which would allow UNICOR the right to vertically integrate any components or subassemblies during the contract term. In addition, the contractor would be required to provide UNICOR with non-exclusive intellectual property rights for the products to commence after the expiration or termination of the contract. RFP at C-4. Performance and design specifications were provided for the chairs. Among other things, the SOW required chairs to meet Human Factors Standards (HFS) 100 and to meet certain Washington State clean air requirements and California State flammability requirements. RFP at C-3. The RFP provided for award on a cost/technical tradeoff basis and stated the following evaluation factors, in descending order of importance: Marketability Past Performance Vertical Integration Plan Product Rights/Proposed Royalties Inventory Management Plan Price RFP Sec. M.1.a. Offerors were informed that the technical evaluation factors combined were significantly more important than price. Narratives were provided to explain each evaluation factor. For example, with respect to the marketability factor, the solicitation set out examples of things that could be offered to enhance marketability, such as maintaining a "family" appearance between chairs, complementing UNICOR's existing seating product lines, offering a variety of price points and product options, and offering industry standard, or better, warranty terms. RFP Sec. M.1.a.1. With respect to the vertical integration plan, offerors were informed the agency would evaluate the level of additional inmate employment expected, the required investment in equipment or tooling, and the effect upon UNICOR's cost to manufacture the products. RFP Sec. M.1.a.3. Detailed instructions for the preparation of written proposals were also provided. The RFP also provided for oral presentations, at which offerors were to exhibit samples of their proposed chairs. RFP Sec. L.14.a.5.