American Analytical & Technical Services, Inc., B-282277.3, August 16, 1999

B-282277.3 Aug 16, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights American contends that its bid was improperly rejected because the EPA provided it an incorrect version of the evaluation scheme incorporated into the IFB. Was to procure laboratory services to analyze samples from hazardous waste sites to determine the presence and concentration of certain organic analytes in aqueous and non-aqueous samples from multiple contractors under indefinite-quantity contracts. Bidders were required to meet certain qualification requirements. The EPA provided bidders with pre-award performance evaluation samples to be analyzed within 14 days and the bidders' analyses were to be evaluated by EPA in two sections. Were to be rejected as nonresponsive. The bidders' analyses were evaluated in accordance with a pre-award performance evaluation sample (PA-PES) scoring sheet included in the IFB. View Decision Matter of: American Analytical & Technical Services, Inc. File: B-282277.3 Date: August 16, 1999 DIGEST Attorneys DECISION American Analytical & Technical Services, Inc. protests the rejection of its bid under invitation for bids (IFB) No. PR-HQ-98-00031, issued by the United States Environmental Protection Agency (EPA), for laboratory services. American contends that its bid was improperly rejected because the EPA provided it an incorrect version of the evaluation scheme incorporated into the IFB. We sustain the protest. The IFB, issued July 22, 1998, was to procure laboratory services to analyze samples from hazardous waste sites to determine the presence and concentration of certain organic analytes in aqueous and non-aqueous samples from multiple contractors under indefinite-quantity contracts. IFB Sec. B.1. The IFB contemplated the award of 19 1-year contracts with two yearly options, with no more than 3 contracts to be awarded to one bidder, and with 9 of the contracts based on a 100-sample monthly capacity and 10 of the contracts based on a 300-sample monthly capacity. IFB amend. 3, at 2; amend. 5, at 3, 7. Under the stated terms in the IFB, bidders were required to meet certain qualification requirements. IFB amend. 3, Sec. L.3, at 10-11; IFB, attach. No. 14, Pre-Award Qualification Requirements. Specifically, the EPA provided bidders with pre-award performance evaluation samples to be analyzed within 14 days and the bidders' analyses were to be evaluated by EPA in two sections. Under the IFB's stated evaluation scheme, the bids of the bidders, which did not meet either the section I or II requirements, were to be rejected as nonresponsive. Under section I, the bidders' analyses were evaluated in accordance with a pre-award performance evaluation sample (PA-PES) scoring sheet included in the IFB; a bidder had to receive a minimum score of 75 percent to pass this test. IFB attachs. 14, 16. Under section II of the pre-award qualification requirements, entitled "Pre-Award Contract Compliance Screening" (CCS), bidders were required to provide a complete PA-PES data package for evaluation to determine to what extent the package was fully compliant and complete with respect to all analytical and reporting requirements of the statement of work. Section II further advised that the bidders' PA-PES data packages would be evaluated against the elements and weighting identified on the PA-PES CCS score sheet. The CCS scoring sheet was contained in attachment No. 18 of the IFB. Only those bidders whose CCS scores were above the statistical average CCS score (average of all bidders' CCS scores) would be determined to have met this qualification requirement. IFB attach. No. 14. On July 6, prior to issuing the IFB, the EPA published a revised synopsis of the IFB in the Commerce Business Daily (CBD). Agency Report, Part 35. Among other things, the notice advised bidders that the IFB and related documents would be posted on the EPA Internet web site and would be available for downloading. The notice stated that the anticipated release date of the IFB was July 22, and that for those bidders without Internet capabilities hard copies of the IFB and related documents would be provided upon written request. By letter dated July 8, American requested a hard copy of the solicitation. Agency Report, Part 46. The EPA states that it downloaded the IFB from its Internet site and mailed American a copy of the IFB and related documents on several computer floppy disks between July 23 and 24. Twenty-three sealed bids were received in response to the IFB by December 12. Fourteen of the bids were eliminated from consideration, including American's on February 23, 1999. Protest, exh. 8. EPA rejected American's bid because its CCS score of 4,780 out of 6,000 points was below the average CCS score of 5,208 points.