West Coast Research Corporation, B-281359; B-281359.2,
Case: B-281359
Agency:
Protester: West Coast Research Corporation, B
Date: 1999-02-01
Denied
West Coast Research Corporation, B-281359; B-281359.2,
BNUMBER: B-281359; B-281359.2
DATE: February 1, 1999
TITLE: West Coast Research Corporation, B-281359; B-281359.2,
February 1, 1999
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Matter of:West Coast Research Corporation
File:B-281359; B-281359.2
Date:February 1, 1999
H. M. Spivack for the protester.
Howard E. Ward for Able Corporation, an intervenor.
Capt. Mark D. Pollard, Department of the Air Force, for the agency.
C. Douglas McArthur, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Where solicitation required vendors to provide detail sufficient
to show compliance with listed salient characteristics of brand name
model, determination that protester's quotation, which did not address
certain of those characteristics, was technically unacceptable was
reasonable and consistent with the solicitation.
2. In procurement conducted under Federal Acquisition Regulation
Subpart 12.6, providing streamlined procedures for solicitation and
evaluation of commercial items, and Part 13, governing simplified
acquisition procedures, where agency determined that the only
technically acceptable quotation was unreasonably priced, protest
against decision to solicit additional quote for the purpose of
expanding competition is denied.
DECISION
West Coast Research Corporation (WCRC) protests the issuance of a
purchase order to Able Corporation under request for quotations (RFQ)
No. F05611-98-T-2008, issued by the United States Air Force Academy,
for the purchase of equipment to be used in a scientific laboratory.
The protester contends that the agency improperly rejected its
quotation.
We deny the protest.
On September 3, 1998, the agency issued the RFQ as a combined
synopsis/ solicitation for commercial items--a "sophisticated"
five-force one-moment balance, calibration body, and master tape
gauge, in accordance with a statement of objectives (SOO), which
appeared in a Commerce Business Daily (CBD) notice announcing the
solicitation. Air Force Memorandum of Law, Nov. 5, 1998 at 1; CBD
Notice dated Sept. 9, 1998 at exhibit 2 to WCRC protest. The agency
advised potential vendors that it had prepared the notice in
accordance with Federal Acquisition Regulation (FAR) Subpart 12.6,
which prescribes streamlined procedures for the solicitation and
evaluation of commercial items. CBD Notice at 1. The notice
referenced FAR sec. 52.212-1, Instructions to Offerors--Commercial Items,
subparagraph (b)(4) which requires vendors to provide enough detail to
evaluate compliance, for example, through the submission of
descriptive literature, product samples, or technical features. Page
3 of the notice advised potential vendors that the agency would
evaluate technical acceptability and price and make an award based
upon the ability of the quoted item to meet requirements of the SOO
and price.[1]
The notice contained a list of salient characteristics for a 0.5-inch
diameter force balance, model 0.75MKXIII, manufactured by the Able
Corporation, which represented the "minimum needs" of the government.
CBD Notice at 1. The required balance was of a two shell design
(floating frame) with the inner shell (rod) being mounted to the wind
tunnel sting support and the outer shell (case or sheath) being
mounted to the model. That is, a concentric sleeve envelops a rod
with sensors and transmits the forces that the model encounters to the
sensors; the rod is attached to a "sting," or bolt, attached to the
supports. Protester's submission, exhibit 1 to the protest; CBD
notice at 1; Able Corporation letter dated Nov. 9, 1998 at 1-2. The
listed salient characteristics included general requirements as well
as specific requirements for dimensions, rated loads, temperature
sensitivity, excitation and sensitivity, interaction, and wiring. CBD
Notice at 1-3. In pertinent part, the general requirements stated as
follows:
Failure of any or all of the force and moment sensing elements
shall not cause separation of the model from the balance or
sting. . . . [E]ach force and moment sensing element shall be
repairable or replaceable by the contractor without replacing the
entire set of elements. The load range of the force and moment
sensing elements shall be changeable by removing the original
elements and replacing any or all of them with elements having a
new load range.
CBD Notice at 2.
Two firms responded prior to the stated closing date of September 18,
one with a quotation of the brand name item. The protester quoted a
lower price but few details; its quotation principally addressed the
protester's experience and expertise in designing wind tunnel
balances.
Full decision text continues on ProtestIntel...