Mechanical Equipment Company, Inc.; Highland Engineering, Inc.; Etnyre International, Ltd.; Kara Aerospace, Inc., B-292789.2; B-292789.3; B-292789.4; B-292789.5; B-292789.6; B-292789.7, December 15, 2003
Case: B-292789.2
Agency:
Protester: Mechanical Equipment Company, Inc.; Highland Engineering, Inc.; Etnyre International, Ltd.; Kara Aerospace, Inc., B
Date: 2003-12-15
Denied
Mechanical Equipment Company, Inc.; Highland Engineering, Inc.; Etnyre International, Ltd.; Kara Aerospace, Inc., B-292789.2; B-292789.3; B-292789.4; B-292789.5; B-292789.6; B-292789.7, December 15, 2003
TITLE: Mechanical Equipment Company, Inc.; Highland Engineering, Inc.; Etnyre International, Ltd.; Kara Aerospace, Inc., B-292789.2; B-292789.3; B-292789.4; B-292789.5; B-292789.6; B-292789.7, December 15, 2003
BNUMBER: B-292789.2; B-292789.3; B-292789.4; B-292789.5; B-292789.6; B-292789.7
DATE: December 15, 2003
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Decision
Matter of: Mechanical Equipment Company, Inc.; Highland Engineering,
Inc.; Etnyre International, Ltd.; Kara Aerospace, Inc.
File: B-292789.2; B-292789.3; B-292789.4; B-292789.5;
B-292789.6; B-292789.7
Date: December 15, 2003
Carl L. Vacketta, Esq., Kevin P. Mullen, Esq., and Robert S. Nichols,
Esq., Piper Rudnick, for Mechanical Equipment Company, Inc.; Michael W.
Clancy, Esq., and George W. Ash, Esq., Dykema Gossett, for Highland
Engineering, Inc.; David T. Ralston, Esq., Philip A. Nacke, Esq., and
Heather M. Trew, Esq., Foley & Lardner, for Etnyre International, Ltd.;
Mark Righter, Esq., McQuaide Blasko, and Joseph J. Dyer, Esq., Seyfarth
Shaw, for Kara Aerospace, Inc., the protesters.
Kenneth A. Martin, Esq., Martin & Associates, and William K. Walker, Esq.,
Walker Reausaw, for Chenega Technical Products, LLC, an intervenor.
Vera Meza, Esq., and Arthur M. Boley, Esq., Department of the Army, for
the agency.
Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency performed reasonable price/technical tradeoff in determining
that awardee's proposal for transportable water systems represented best
value, based on consideration of price and the results of reasonable
technical evaluation under listed evaluation factors, consistent with
solicitation's evaluation plan; in making tradeoff analysis, agency had
reasonable basis to focus on particular discriminator involving realism of
logistics effort, even though it was not one of most heavily weighted
factors.
2. Agency is not required to advise offerors of minor weaknesses or to
reopen discussions where offeror's final proposal revision includes new
information that constitutes a weakness or deficiency.
3. If offeror's price is not so high as to be unreasonable, agency is not
required to advise that offeror that its price is not competitive.
4. Awardee's proposal on supply contract complies with the solicitation's
subcontracting limitation that prime contractor perform work for at least
50 percent of the cost of manufacturing the supplies, not including the
costs of materials; in determining compliance with the limitation, the
awardee's overhead and profit should be included in determining the total
contract cost.
5. Agency's determination that awardee's major subcontractor did not have
a significant organizational conflict of interest because of its work as a
support services contractor for the agency has not been shown to be
unreasonable, where there was no evidence in record showing that the
subcontractor had an unfair competitive advantage resulting from access to
the proprietary information of competitors, or to competitively useful or
source selection sensitive information not available to the other
offerors.
DECISION
Mechanical Equipment Company, Inc. (MECO), Highland Engineering, Inc.,
Etnyre International, Ltd., and Kara Aerospace, Inc. protest an award to
Chenega Technical Products, LLC, under request for proposals (RFP) No.
DAAE07-03-R-T006, issued by the Department of the Army, Tank-Automotive
and Armaments Command (TACOM), for the "Camel" transportable water
system. The protesters challenge the agency's evaluation and selection
decision, and allege that Chenega's subcontractor has an organizational
conflict of interest that makes award to Chenega improper.
We deny the protests.
The RFP, issued November 26, 2002, contemplated the award of a fixed-price
requirements contract for a period of 5 years. Competition was restricted
to small business concerns. The contract awarded will cover System Design
and Development (SDD) of Camel system prototypes and the subsequent
production of completed Camel systems.[1]
The Camel system is a mobile, rapidly deployable, flexible unit water
distribution system that will transport 900 gallons or more of potable
water, be mounted on a government-furnished Family of Medium Tactical
Vehicle (FMTV) M1905 trailer, and meet the mission profile of its intended
prime mover (FMTV truck variants). The Camel system will prevent water
from freezing during cold weather operations, allow operation at
temperatures down to --25 degrees Fahrenheit, and chill water during hot
weather operations.
Full decision text continues on ProtestIntel...