AMS Mechanical Systems, Inc., B-281136; B-281136.2, January 4, 1999

AMS Mechanical Systems, Inc., B-281136; B-281136.2, January 4, 1999 TITLE: AMS Mechanical Systems, Inc., B-281136; B-281136.2, January 4, 1999 BNUMBER: B-281136; B-281136.2 DATE: January 4, 1999 ********************************************************************** AMS Mechanical Systems, Inc., B-281136; B-281136.2, January 4, 1999 Decision Matter of: AMS Mechanical Systems, Inc. File: B-281136; B-281136.2 Date: January 4, 1999 Lawrence J. Sklute, Esq., Nolan Sklute, Esq., and David R. White, Esq., Sklute & Associates, for the protester. Timothy Noelker, Esq., Steven E. Kellogg, Esq., Michael T. Marrah, Esq., and Linda L. Shapiro, Esq., Thompson Coburn, for Engineered Air Systems, Inc.; David P. Handler, Esq., Carl Vacketta, Esq., and Keven P. Mullen Esq., Piper & Marbury, for Mechanical Equipment Company, Inc.; E. Keith Buchanan for SFA, Inc.; and Raymond A. Beebe for Highland Engineering, Inc., intervenors. Vera Meza, Esq., and Elizabeth Burt-Feller, Esq., U.S. Army Materiel Command, for the agency. Jacqueline Maeder, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably excluded from the competitive range a proposal which was properly evaluated to be materially noncompliant and lacking information and data necessary to support the proposed technical approach. DECISION AMS Mechanical Systems, Inc. protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. DAAE07-97-R-X037, issued by the Department of the Army, U.S. Army Tank-Automotive and Armaments Command (TACOM) for the acquisition of a prototype water purification/ desalination system, known as a Tactical Water Purification System (TWPS). AMS objects to the evaluation of its proposal, arguing, among other things, that TACOM did not understand AMS's proposed technology, ignored the technical data supplied by the protester, and subjected the proposal to a more rigorous evaluation than that which was applied to other competing proposals. We deny the protest. The RFP was issued on October 28, 19971 [1] on an unrestricted basis as the first phase of a two-phase acquisition2 [2] and, as amended, provides for the award of up to two cost-plus-fixed-fee contracts for the design and fabrication of up to three 1,500 gallons per hour (GPH) TWPS prototypes under each contract. RFP sect. A-3, Executive Summary, para.para. 1- 3 and Amendments 3 and 6. Competition for phase two, the production contract, will be limited to awardees under phase one and that procurement will be conducted as a small business set-aside.3 [3] RFP sect. A-3, Executive Summary, para. 3. The 1,500 GPH water purification system is intended to replace smaller water purification systems currently in use and, per the specifications, is to be used to purify a broad range of water sources (fresh, brackish, sea and nuclear, biological, and chemical contaminated water) to produce a safe, reliable supply of potable water to support ground, amphibious, air mobile and airborne units during military operations and operations other than war. RFP sect. A-3, Executive Summary, para. 1. Section L.11.2.1 of the RFP requires offerors to describe, in detail, the system design concept, selection and integration of components and any modifications required to enable the proposed water purifier to meet the performance requirements contained in the statement of work and the purchase description (PD) included in the solicitation. The PD states that the water purifier must be capable of purifying, storing, and dispensing water meeting Tri-Service Field Water Quality Standards, RFP, Attachment 1, PD sect. 1.2, and lists numerous performance, design, readiness, maintainability and reliability requirements. The water quality standards were included in the RFP, Attachment 1, PD Attachment A. In relevant part, the agency states that the Tri-Service Standards set forth 18 water quality criteria, including, among other things, chemical properties and agents and coliform bacteria. Additionally, offerors were required to provide a rationale for component selection, including design calculations and an outline of the major modifications anticipated in meeting the requirements. The solicitation calls for the system description to include a narrative describing the physical attributes, a list of major components with specifications (such as the manufacturer, model number, size, weight, materials of construction, power requirements, performance ratings, etc.), sketches, flow and electrical diagrams to include the relative location of major components, instrumentation, valves, and pipe/hose sizes, and anticipated flow rates, pressures, and temperatures of the raw, brine and product water throughout the various stages of the purification process.