LaBarge Products, Inc., B-287841; B-287841.2, August 20, 2001
Case: B-287841
Agency:
Protester: LaBarge Products, Inc., B
Date: 2001-08-20
Denied
LaBarge Products, Inc., B-287841; B-287841.2, August 20, 2001
TITLE: LaBarge Products, Inc., B-287841; B-287841.2, August 20, 2001
BNUMBER: B-287841; B-287841.2
DATE: August 20, 2001
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LaBarge Products, Inc., B-287841; B-287841.2, August 20, 2001
Decision
Matter of: LaBarge Products, Inc.
File: B-287841; B-287841.2
Date: August 20, 2001
William H. Gammon, Esq., Moore & Van Allen, for the protester.
Vera Meza, Esq., and Elizabeth Burt, Esq., U. S. Army Materiel Command, for
the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of General Counsel,
GAO, participated in preparation of the decision.
DIGEST
Agency reasonably excluded from the competitive range as unacceptable
proposal with significant informational deficiencies.
DECISION
LaBarge Products, Inc. protests the rejection of its proposal as
unacceptable under request for proposals (RFP) No. DAAE07-00-R-T056, issued
by the U. S. Army Materiel Command (AMC), U. S. Army Tank-Automotive and
Armaments Command, for acquisition of the Advanced Aviation Forward Area
Refueling System (AAFARS).
We deny the protest.
The RFP provided for award of an indefinite-delivery/indefinite-quantity
(ID/IQ) contract to continue production of the current AAFARS system, based
on a revised performance-based purchase description, and furnish up to 375
AAFARS systems (and associated logistics support and training) over a period
of 8 years. The AAFARS refueling system consists of a pumping system,
filtration system, nozzles, hoses, couplings and ground rods; the system
draws fuel from four 500-gallon fuel drums and provides filtered fuel at a
rate of 55 gallons per minute (gpm) simultaneously to four nozzles located
100 feet apart. The AAFARS is used to refuel up to four helicopters in
tactical locations when the refueling site is inaccessible to ground
vehicles or urgency requires rapid air deployment.
Award was to be made to the offeror whose proposal represented the best
value to the government. The solicitation provided for proposals to be
evaluated under three evaluation areas: (1) capability, including evaluation
elements for ability to meet requirements and experience; (2) cost/price,
including evaluation elements for evaluated price and cost realism for the
logistics requirements; and (3) past performance/small business
participation. Capability was more important than cost/price and past
performance/small business participation combined. For each of the
evaluation areas, the RFP required offerors to submit detailed, extensive
discussions of their proposed approach and qualifications.
[DELETED] offerors submitted proposals, [DELETED] of which--[DELETED]--were
included in the competitive range. LaBarge's proposal was rejected on the
basis that it "lacks support and elaboration which was required in Section L
of the . . . RFP to permit us to evaluate it." AMC Letter to LaBarge, Mar.
26, 2001, at 1. Upon learning of the rejection of its proposal, LaBarge
filed an agency-level protest; after that protest was denied, it filed this
protest with our Office.
LaBarge acknowledges that it "did not submit the most elaborately formatted
proposal," but points to language in solicitation section L.3.1 advising
offerors that "[e]laborate format is not desired." Protester Comments,
July 17, 2001, at 2. LaBarge generally asserts that it is "essentially
offering the same item as [DELETED]." LaBarge Comments, July 5, 2001, at 4.
LaBarge concludes that it was unreasonable for the agency to reject its
proposal, which offered the low cost to the government, without first
conducting discussions with the firm.
An offeror must submit an initial proposal that is adequately written and
that establishes its merits, or run the risk of having its proposal rejected
as technically unacceptable. Agencies may exclude proposals with significant
informational deficiencies from further consideration whether the
deficiencies are attributable to omitted or merely inadequate information
addressing fundamental factors. Generally, offers that are technically
unacceptable as submitted and would require major revisions to become
acceptable are not required to be included in the competitive range for
discussion purposes. Essex Electro Engineers, Inc., B-284149, B-284149.2,
Feb. 28, 2000, 2000 CPD para. 72 at 6; Global Eng'g & Constr., Joint Venture,
B-275999.4, B-275999.5, Oct. 6, 1997, 97-2 CPD para. 125 at 3. The determination
of whether a proposal is in the competitive range is principally a matter
within the discretion of the procuring agency. Dismas Charities, Inc.,
B-284754, May 22, 2000, 2000 CPD para. 84 at 3. Our Office will review an
agency's evaluation of proposals and determination to exclude a proposal
from the competitive range for reasonableness and consistency with the
criteria and language of the solicitation. SOS Interpreting, Ltd., B-287505,
June 12, 2001, 2001 CPD para.
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