AHNTECH, Inc., B-293582, April 13, 2004

B-293582 Apr 13, 2004 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Proposals were to be evaluated under three factors: technical acceptability. Technical proposals were evaluated on a pass-fail basis under two technical subfactors. The purpose of the first subfactor was to ensure that the offeror had demonstrated adequate management capabilities to ensure a smooth transition with no loss of services. The plan was to be evaluated using criteria that included proposed manning. AHNTECH was one of several offerors submitting proposals. Which were evaluated by the agency. The agency concluded that the proposal was inadequate in areas critical to performance of the requirement. Because AHNTECH's proposal was found unacceptable under the first subfactor. Award was made to another offeror on the basis of initial proposals. View Decision AHNTECH, Inc., B-293582, April 13, 2004 DIGEST Attorneys DECISION AHNTECH, Inc. protests the agency's decision to eliminate its proposal from the competition under request for proposals (RFP) No. F02604-03-R-0041, issued by the Department of the Air Force for operations and maintenance (O&M) services. AHNTECH asserts that the agency improperly evaluated its proposal and improperly refused to allow the firm to revise its proposal. We deny the protest. The RFP sought proposals to provide all personnel, vehicles, equipment, tools, materials , supervision, and all items and services necessary to perform a variety of O&M services in support of the F-16 fighter pilot training program and supporting facilities at the Gila Bend Air Force Auxiliary Field and Barry M. Goldwater Range at Luke Air Force Base (AFB), Arizona. The statement of work (SOW) described the tasks, operational requirements, and personnel requirements to perform such services as airfield/manned range operations and maintenance, civil engineering, fire protection, security forces, logistics, air traffic control, and environmental engineering. The RFP contemplated the award of a fixed-price, indefinite-delivery/indefinite-quantity contract for a 5-month base period, with 7 option years. Proposals were to be evaluated under three factors: technical acceptability, past performance, and price, with past performance considered significantly more important than price. Technical proposals were evaluated on a pass-fail basis under two technical subfactors--soundness of mobilization and transition plan and soundness of accounting and purchasing systems. The purpose of the first subfactor was to ensure that the offeror had demonstrated adequate management capabilities to ensure a smooth transition with no loss of services. The plan was to be evaluated using criteria that included proposed manning, a mobilization plan for infrastructure projects, and a sound acceptance/inventory plan for transfer of vehicles and other government equipment. Any proposal that did not pass the mobilization/transition plan subfactor would not be evaluated further and would be eliminated from the competition. The RFP advised that the agency intended to award the contract without conducting discussions. AHNTECH was one of several offerors submitting proposals, which were evaluated by the agency. Based on their initial evaluation, the evaluators issued 52 clarification requests (CR) to AHNTECH and the firm responded to all of them. After reviewing AHNTECH's responses, the agency concluded that the proposal was inadequate in areas critical to performance of the requirement. Among other failures, the evaluators found that AHNTECH had failed to propose sufficient fire protection personnel and had submitted an unacceptable plan for turning in government-furnished equipment (GFE). Because AHNTECH's proposal was found unacceptable under the first subfactor, the contracting officer excluded it from further consideration in the evaluation. Award was made to another offeror on the basis of initial proposals. After receiving a debriefing, AHNTECH filed this protest. /1/ DISCUSSIONS In the course of responding to the agency's 52 clarification requests, AHNTECH submitted a number of revisions to its proposal. At its debriefing, the agency advised AHNTECH that the requests were only intended to clarify or enhance the agency's understanding of the proposal, and were not intended to provide the firm with the opportunity to revise its proposal or to cure proposal deficiencies. The agency therefore did not consider the revisions in the evaluation. Debriefing at Paras. 2, 3, and 8. AHNTECH asserts that the clarification requests "exceeded the boundaries of technical clarifications and constituted discussions," in response to which it should have been allowed to revise its proposal. Protest at 2.