West Coast Unlimited, B-281070.2, August 18, 1999

B-281070.2 Aug 18, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest of an agency's unacceptability determination in a negotiated procurement is denied where the agency also determined. Even if its proposal was considered acceptable and where the protester does not demonstrate that the agency's judgment is unreasonable or not in accord with the solicitation requirements. B. Offerors were permitted to submit proposals for any number of locations. Minimum requirements for the shower units were also stated. The shower units were required to be "constructed of nonporous. Have no less than 12 showerheads. Offerors were informed that "[n]o galvanized pipes. Or fixtures are allowed" in the shower units. The technical factors as a whole were more important than price. View Decision Matter of: West Coast Unlimited File: B-281070.2 Date: August 18, 1999 DIGEST Attorneys DECISION West Coast Unlimited protests several awards under request for proposals (RFP) No. 49-98-11, issued by the Forest Service, Department of Agriculture, for mobile shower facilities at various locations in the western United States. We deny the protest. The RFP provided for the award of multiple fixed-price requirements contracts for mobile shower facilities for 1 base year with 4 option years. RFP Secs. L.4, L.5. The RFP contained 24 line items, each representing a geographic area for a particular time period (for example, line item 6 provided for shower services in the Sacramento, California, area for June 1 through October 15). RFP Sec. B. Offerors were permitted to submit proposals for any number of locations. The contract services include providing all equipment, labor, materials, and supplies normally associated with mobile shower facilities. RFP Sec. C.1.1.2. In this regard, contractors would be required to: [p]rovide equipment and operate that equipment in accordance with all current Federal, State, local laws or standards, [Occupational Safety and Health Agency] regulations, the National Electrical Code, the Uniform Plumbing Code, Federal and State Potable Water Codes, and other contractual requirements stated herein. RFP amend. 4, Sec. C.1.5.10. Minimum requirements for the shower units were also stated. Among other things, the shower units were required to be "constructed of nonporous, readily cleanable surfaces," be capable of showering a minimum of 500 persons at an incident, have no less than 12 showerheads, and provide segregated showering areas for men and women. Id. Sec C.3. In addition, offerors were informed that "[n]o galvanized pipes, fittings, or fixtures are allowed" in the shower units. Id. Sec. C.3.1.11. The RFP provided for award on the basis of a cost/technical tradeoff and stated the following evaluation factors, in descending order of importance: past performance, equipment, ability to understand and perform the work, experience, and price. The technical factors as a whole were more important than price. RFP amend. 1, Sec. M.4. The RFP also provided for an inspection of an offeror's proposed equipment during the technical evaluation. RFP Sec. L.10. The agency received 25 proposals, including West Coast's, by the April 22, 1998 closing date. Following the evaluation of proposals, two, including West Coast's, were found to be technically unacceptable. The remaining proposals were included in the competitive range for discussions and equipment inspections. Contracting Officer's Statement at 1. West Coast protested its exclusion from the competitive range to our Office. The Forest Service and West Coast entered into a settlement agreement to include West Coast's proposal in the competitive range, and the protester withdrew its protest. The Forest Service inspected West Coast's proposed equipment and conducted discussions with the protester. As a part of the agency's request for best and final offers (BAFO), the Forest Service informed West Coast of the weaknesses and deficiencies identified in its proposal from the agency's evaluation and equipment inspection. Among other things, the agency noted that "[g]alvanized pipe and fixtures are present," that polyvinylchloride (PVC) piping was not properly configured or secured adequately, and that non-potable hoses are present. Agency Report, Tab F, Letter from Contracting Officer to West Coast 1-2 (Dec. 16, 1998). West Coast's revised offer was evaluated as follows: Past Performance Neutral Equipment Unacceptable Ability to Understand and Acceptable Perform the Work Past Experience Acceptable West Coast's neutral past performance rating was based on its lack of specific experience in providing these services. West Coast's proposal was again found technically unacceptable, given its unacceptable rating under the equipment factor. Agency Report, Tab I.1, BAFO Consensus Rating Sheet, at 3-4.