American Recycling Systems, Inc., B-292500, August 18, 2003

B-292500 Aug 18, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest that contracting agency improperly found protester's quotation to be technically unacceptable is denied where the agency possessed significant countervailing evidence that created doubt whether the vendor could comply with a material requirement of the solicitation and the vendor failed to take the opportunity to provide support for its claimed ability to comply with the requirement. Was technically unacceptable. ARS argues that it should have received the award because it submitted the lowest-priced quotation. Was for one trailer-mounted brass ordnance shell deformer. The deformer was required to have a shell deforming capacity equal to or greater than 7. Award was to be made to the vendor offering the lowest-priced technically acceptable item. View Decision American Recycling Systems, Inc., B-292500, August 18, 2003 DIGEST Attorneys DECISION American Recycling Systems, Inc. (ARS) protests the Department of the Navy's determination that the quotation it submitted for a trailer-mounted brass ordnance shell deformer, in response to request for quotations (RFQ) No. N6921803-RC-00264, was technically unacceptable. ARS argues that it should have received the award because it submitted the lowest-priced quotation, it had previously supplied similar units to the Navy, and its quotation stated that it would comply with all of the specifications. We deny the protest. On March 24, 2003, the Navy posted this combined solicitation/synopsis on the Federal Business Opportunities (FedBizOps) Internet site in accordance with subpart 12.6 of the Federal Acquisition Regulation's (FAR) streamlined procedures for evaluation and solicitation for commercial items. The procurement, set aside for small businesses, was for one trailer-mounted brass ordnance shell deformer, maintenance manuals, a replacement parts package, and freight to the Naval Construction Battalion Center in Gulfport, Mississippi. The solicitation/synopsis set forth a number of technical specifications for the deformer. Among other things, the deformer was required to have a shell deforming capacity equal to or greater than 7,000 pounds per hour, and the ability to process up to size .50 caliber shells. The solicitation/synopsis incorporated by reference the clause at FAR Sec. 52.212-1, "Instruction to Offerors--Commercial Items," which requires the submission of a technical description of the item offered in sufficient detail to evaluate compliance with the requirements of the solicitation. FAR Sec. 52.212-1(b)(4). Award was to be made to the vendor offering the lowest-priced technically acceptable item. The agency received three quotations, including one from ARS and one from Bouldin Corporation. /1/ Bouldin's quotation, at a price of $94,398, was based upon its federal supply schedule (FSS) contract. The Navy found the firm's quotation to be technically acceptable but believed that there was an ambiguity regarding the firm's small business status. ARS's quotation, at a price of $92,500, was for an "OD5000 Deformer with Trailer Mount Option . . . 'The Diesel Deployer.'" ARS Quotation at 1. ARS attached its commercial specification for the offered item, stated that this was the "same specification" under which it had previously been awarded a Navy contract for two mobile units, and provided several references. Id. The attached commercial specification indicated that the unit had a capacity of "7,000 [pounds] per hour including 20mm shells." Id. at 2. ARS's quotation concluded by stating, "100% Compliance with Specification." Id. at 3. In evaluating ARS's quotation, the Navy's technical evaluator made note of ARS's assertion that the commercial specification attached to its quotation was the "same specification" under which it had previously been awarded a Navy contract for mobile units. He determined, however, that the earlier solicitation's specification called for a capacity of 5,000 pounds per hour, not the 7,000 pounds per hour required here. In light of this discrepancy that cast doubt on ARS's ability to meet the capacity requirement, the technical evaluator looked to the information on the ARS website to ascertain whether the quoted unit could meet the solicitation's capacity requirement. The ARS website lists three configurations for the OD5000 deformer, including a deployable configuration. Each configuration relies upon the same technical specification for an "ARS OD5000 Ordnance Deformer," which is described as a fixed position ordnance deformer that can be made mobile if the optional trailer mount package is ordered. Technical Specification Sheet at 1. The first page of the technical specification states that the unit processes "over 5,000 pounds of expended shells per hour," but does not indicate how much over 5,000 pounds or under what circumstances the unit can process over 5,000 pounds of expended shells per hour. Id.