Phantom Products, Inc., B-283882, December 30, 1999

B-283882 Dec 30, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest that solicitation for buoy lanterns failed to advise offerors that detailed technical evaluation would be conducted is denied where solicitation contained 10 technical. It should have been clear to protester that some amount of detailed information addressing the characteristics of its offered item was required. But] there [were] several lanterns that [met or exceeded] many of the requirements.". That document further stated that development costs were anticipated to be relatively minor. That proposals were being requested. The RFP stated that the government may make multiple awards and that any award would be made to the responsible offeror whose offer conforming to the solicitation was the most advantageous to the government. View Decision Matter of: Phantom Products, Inc. File: B-283882 Date: December 30, 1999 DIGEST Attorneys DECISION Phantom Products, Inc. protests the rejection of its proposal as technically unacceptable, and the award of contracts to Zeni Lite Buoy Company, Limited and Vega Industries Limited, under request for proposals (RFP) No. DTCG23-99-R-T43010, issued by the U.S. Coast Guard for medium-intensity light emitting diode (LED) buoy lanterns. We deny the protest. The Coast Guard conducted this procurement under the procedures set forth in part 12 of the Federal Acquisition Regulation (FAR), "Acquisition of Commercial Items." The independent government cost estimate stated that the "market review indicated that no commercial off the shelf item [met] all of the requirements of the [solicitation, but] there [were] several lanterns that [met or exceeded] many of the requirements." Agency Report (AR), Tab 8, Government Estimate Medium-Intensity LED Buoy Lanterns, at 1. That document further stated that development costs were anticipated to be relatively minor, as compared to typical costs to design and develop new optics. Id. at 1. On June 30, 1999, the agency issued the RFP as a combined synopsis/solicitation in a Commerce Business Daily announcement. AR, Tab 9. The announcement stated that it would constitute the only solicitation, that proposals were being requested, and that a written solicitation would not be issued. The RFP stated that the government may make multiple awards and that any award would be made to the responsible offeror whose offer conforming to the solicitation was the most advantageous to the government, price and other factors considered. AR, Tab 9, Solicitation, at 2. The following technical evaluation criteria were identified: Technical Approach (optical performance, power performance, control system performance, service life and maintenance performance, and mechanical performance); Management Approach (corporate experience, quality assurance, and production facilities); Past Performance (design and manufacture of marine aids to navigation lighting hardware or experience in LED technology, and experience on comparable projects within the past 3 years); and Price. Id. at 2-3. The RFP incorporated FAR Sec. 52.212-1, "Instructions to Offerors--Commercial Items," which stated that offers must show, among other things, "[a] technical description of the items being offered in sufficient detail to evaluate compliance with the requirements of the solicitation." Id. at 2. The technical specification included in the RFP set forth the minimum optical performance requirements of the system, stating that: (1) the lanterns must provide a peak intensity of 60 candela and an effective intensity, with a 0.3 second flash duration, of 36 candela; (2) the light output must be uniform around the horizontal (focal) plane; (3) the light signal must have a minimum vertical divergence, between the 50 [percent] intensity points . . . of 8 degrees, and (4) signal colors must conform to the recommendations for signal colors issued by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA). AR, Tab 9, Solicitation, at 1-2. On July 1, the protester requested and was furnished the Coast Guard Ocean Engineering Division's Statement of Work for the buoy lanterns. The protester also received the Coast Guard's detailed specification G-SEC 498 for the buoys, which was technical in nature with, for example, provisions about vertical divergence, power requirements, optical performance and the control system. Eleven proposals were received on July 30, 1999. The evaluators found Phantom's proposal to be technically unacceptable due to serious informational deficiencies. The agency, in a letter to Phantom dated September 29, stated as follows: The proposal provides a claim that the product ". . . will fully comply with the required Coast Guard specification . . ." but does not provide any details on the size and mass of the proposed product.