B-297321; B-297321.2, Laerdal Medical Corporation, December 23, 2005
Case: B-297321
Agency:
Protester: B
Date: 2005-12-23
Denied
B-297321; B-297321.2, Laerdal Medical Corporation, December 23, 2005
TITLE: B-297321; B-297321.2, Laerdal Medical Corporation, December 23, 2005
BNUMBER: B-297321; B-297321.2
DATE: December 23, 2005
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B-297321; B-297321.2, Laerdal Medical Corporation, December 23, 2005
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: Laerdal Medical Corporation
File: B-297321; B-297321.2
Date: December 23, 2005
Craig P. Murphy, Esq., and John D. Holden, Esq., Windels Marx Lane &
Mittendorf, LLP, for the protester.
Kathleen E. Karelis, Esq., W. Jay DeVecchio, Esq., and David B. Robbins,
Esq., Jenner & Block LLP, for Medical Education Technologies, Inc., an
intervenor.
Duncan Butts, Esq., Department of the Navy, for the agency.
Linda C. Glass, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging evaluation of offerors' technical proposals is denied
where record shows that agency's evaluation was reasonable.
DECISION
Laerdal Medical Corporation protests the award of a contract to Medical
Education Technologies, Inc. (METI) under request for proposals (RFP) No.
N61339-05-R-0119, issued by the Department of the Navy for medical
simulator training devices. Laerdal challenges the Navy's evaluation of
the offerors' technical proposals.
We deny the protest.
BACKGROUND
The combined synopsis/solicitation was posted on the Federal Business
Opportunities website on August 16, 2005. The RFP contemplated the award
of an indefinite-delivery/indefinite-quantity (ID/IQ) contract for a base
year and three option periods. As relevant here, the RFP required the
following medical training devices: contract line item number (CLIN)
0001--breathe/bleed simulator[1] and CLIN 0003--human-weighted mannequin
trainer. The RFP required offerors to include in their proposals a
technical description of the items being offered in sufficient detail to
enable the agency to determine compliance with the requirements in the
SOW. Agency Report (AR), Tab 6, RFP at 6. Part II of the RFP also
contained the following:
The offeror shall complete the Requirements Checklist(s) (Attachment 2)
which clearly demonstrates how their product meets the requisite
requirements. Offerors shall identify in the notes section of the
Requirements Checklist(s), the page number of the offer that demonstrates
how their product(s) meet the Government requirement. Failure to meet the
Government stated requirement is a deficiency, which may render an offeror
ineligible for award.
Offerors were advised that the agency intended to award up to two ID/IQ
contracts without discussions. The RFP provided for a two-step evaluation
approach. First, the agency would evaluate technical proposals on a
past/fail basis. Second, for those offerors whose proposals were found
technically acceptable, the agency would then evaluate the past
performance of these offerors and perform a trade-off between the
competing offerors on the basis of past performance and price, with past
performance being significantly more important than price.
Laerdal and METI submitted proposals. As required, METI's requirements
checklist identified the pages in METI's proposal where the specific
requirements were addressed. Based on its evaluation of METI's proposal,
the agency concluded that METI's proposal met all of the requirements
listed on the checklist. In contrast, on its checklist form, Laerdal did
not reference the specific pages in its proposal where the company showed
compliance with the requirements. The agency reviewed Laerdal's technical
proposal and concluded that Laerdal failed to address certain requirements
under CLINs 0001 and 0003. To ensure that the agency had not inadvertently
missed a relevant technical description in Laerdal's proposal, on
September 12, Laerdal was asked to provide the exact section and page
numbers in its proposal for the requirements that the evaluators
determined had not been met by Laerdal. The agency sought information for
the following four items:
1. The SOW paragraph 3.1.3 requires "needle decompression sites shall
allow multiple punctures with a minimum of ten (10) punctures at each site
prior to the requiring replacements parts." Please indicate where you have
addressed this requirement in your proposal, specifically by section and
page number.
2.
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