Essex Electro Engineers, Inc., B-284149; B-284149.2, February 28, 2000
Case: B-284149
Agency:
Protester: Essex Electro Engineers, Inc., B
Date: 2000-02-28
Denied
Essex Electro Engineers, Inc., B-284149; B-284149.2, February 28, 2000
TITLE: Essex Electro Engineers, Inc., B-284149; B-284149.2, February 28, 2000
BNUMBER: B-284149; B-284149.2
DATE: February 28, 2000
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Essex Electro Engineers, Inc., B-284149; B-284149.2, February 28, 2000
Decision
Matter of: Essex Electro Engineers, Inc.
File: B-284149; B-284149.2
Date: February 28, 2000
Charles E. Raley, Esq., for the protester.
Jeffrey I. Kessler, Esq., and Robert E. Dudley, Jr., Esq., Department of the
Army, for the agency.
John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protester's proposal was reasonably evaluated by the contracting agency as
technically unacceptable and excluded from the competitive range where the
proposal contained numerous deficiencies and disadvantages.
DECISION
Essex Electro Engineers, Inc. protests the exclusion of its proposal from
the competitive range under request for proposals (RFP) No.
DAAB07-99-R-B404, issued by the Communications and Electronics Command,
Department of the Army, for 100-kilowatt (kW) and 200-kW tactical quiet
generators (TQG). Essex contends that the evaluation of its proposal and its
exclusion from the competitive range were improper.
We deny the protest.
The RFP was issued to acquire modernized standard mobile 100-kW and 200-kW
electric power generators for use by the Army, Navy, Air Force and Marine
Corps. Contracting Officer's Statement, Dec. 12, 1999, at 1; RFP attach. 1,
Statement of Work (SOW), at 1. The 100-kW and 200-kW TQGs will replace the
current 100-kW and 200-kW generators and will have the following desirable
characteristics relative
to current generators: less weight, diesel/JP-8 fueled, reduced aural
signature, quality power output, improved reliability and maintainability,
and decreased procurement and operational/maintenance costs. RFP attach. 1,
SOW, at 1.
The RFP executive summary explains that the procurement is being conducted
in three phases. Phase I of the procurement is an engineering and
manufacturing development (EMD) effort, during which the successful
contractor(s) will fabricate prototype generator sets. [1] During phase II
of the effort, pre-production TQGs will be delivered by the successful
contractor, based upon the contractor's phase I prototypes, with the TQGs
being subjected to pre-production qualification testing conducted by the
government, with the assistance of the contractor, to verify the TQGs'
conformance to the relevant requirements and to evaluate the units'
performance characteristics. After the successful completion of the Phase II
effort, the agency may exercise the option for Phase III, during which the
contractor will manufacture and deliver the TQGs.
The RFP contemplates the award of indefinite-delivery, indefinite-quantity,
cost-plus-fixed-fee contract or contracts for phases I and II, and a
fixed-price with economic price adjustment contract for phase III of the
procurement. Award is to be made to the offeror(s) submitting the proposal
determined to represent the best value to the agency based upon the
following evaluation factors and subfactors:
1. Technical
(a) Technical Design and Performance
(b) Specific Design Characteristics
(c) Technical Data
(d) Capabilities, Plans, Personnel and Facilities
1. Logistics
2. (a) Operation and Support Analysis
(b) Supportability Planning
3. Performance Risk
4. Cost/Price
5. Small Business and Small Disadvantaged Business Utilization Plan
RFP attach. 5, at 2. The technical evaluation factor is slightly more
important than the logistics factor and the logistics factor is
significantly more important than the performance risk factor. The RFP
further states that the performance risk, cost/price, and small business and
disadvantaged business utilization plan evaluation factors are equal in
importance. Id. at 1. The RFP provides that under the technical evaluation
factor, subfactors (a) and (b) are equal in importance and significantly
more important than subfactors (c) and (d), which are equal in importance.
With regard to the logistics evaluation factor, subfactor (a) is
significantly more important than subfactor (b). Id. at 2.
The RFP includes a detailed explanation of the agency's intended evaluation
approach, and cautions, among other things, that "[m]ere statements of
compliance or repetition of the technical and/or [l]ogistics requirement
without an intelligent, complete discussion and analysis are
unsatisfactory." Id. The RFP adds that the agency will evaluate each
offeror's proposed technical approach to determine "the extent to which
understanding is exhibited in the operational and technical requirements of
the generator sets." Id. at 3.
Full decision text continues on ProtestIntel...