B-297849, TVI Corporation, April 19, 2006

B-297849 Apr 19, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights TVI Corporation protests the award of a contract to 3M Canada Company under request for proposals (RFP) No. W52H09-05-R-0142, issued by the Department of the Army, Tank, Automotive and Armaments Command, to acquire a quantity of C2A1 filtration canisters. TVI asserts that the agency misevaluated the proposals. We sustain the protest. View Decision B-297849, TVI Corporation, April 19, 2006 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: TVI Corporation File: B-297849 Date: April 19, 2006 Paul F. Khoury, Esq., and Michael S. Caldwell, Esq., Wiley Rein & Fielding LLP, for the protester. Richard P. Rector, Esq., and Eric M. O'Neill, Esq., DLA Piper Rudnick Gray Cary US LLP, for 3M Canada Company, an intervenor. Jeffery I. Kessler, Esq., and Caridad Ramos, Esq., U.S. Army Materiel Command, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's evaluation of protester's proposal as moderate risk--rather than as an unknown risk--under past performance factor was unreasonable, where protester tendered a large amount of past performance information, almost all of which the agency determined to be either not recent or not relevant; solicitation required agency to assign an unknown risk rating where offeror tendered –little or no— recent, relevant past performance information. 2. Agency improperly rated awardee's proposal neutral--instead of downgrading it--under small business participation factor, where record shows that awardee did not meet criteria established in solicitation for assignment of neutral rating, and did not offer meaningful small business participation plan. DECISION TVI Corporation protests the award of a contract to 3M Canada Company under request for proposals (RFP) No. W52H09-05-R-0142, issued by the Department of the Army, Tank, Automotive and Armaments Command, to acquire a quantity of C2A1 filtration canisters. TVI asserts that the agency misevaluated the proposals. We sustain the protest. The C2A1 filtration canister is a critical life safety component used in various models of nuclear, biological and chemical protective masks. The RFP contemplated the award of a fixed-price, indefinite-delivery/indefinite-quantity contract to provide the canisters for a base period, with four 1-year options. Award was to be made to the firm submitting the proposal deemed to offer the –best value— to the government, considering several non-price factors--technical, past performance and small business participation--and price. The technical and past performance factors were equal in importance, while the small business participation factor was less important than the technical and past performance factors, but slightly more important than price. Agency Report (AR), exh. 2a, at 1. The technical factor was comprised of three subfactors: design, carbon fill, and manufacturing capability. The design subfactor was to be rated on a go/no-go basis, while the carbon fill and manufacturing capability subfactors were to be rated adjectivally (excellent, good, marginal, or unacceptable). Id. at 1-2. The past performance factor was to be rated as very low risk, low risk, moderate risk, high risk, or unknown risk. Id. at 2. Finally, the small business participation factor was to be rated as excellent, good, adequate, marginal, poor, or neutral. Id. at 3-4. The agency received three proposals, including the protester's and 3M's. The agency determined that all three were in the competitive range, engaged in discussions, and obtained revised proposals, which it rated as follows: Evaluation Factor 3M Canada TVI Offeror A Technical Design Go Go Go Technical (Overall) Excellent Excellent Good Carbon Fill Excellent Excellent Excellent Manufacturing Capacity Excellent Excellent Adequate Past Performance Low Risk Moderate Risk Moderate Risk Small Business Participation Neutral Excellent Excellent Evaluated Price $255,001,021.92 $258,716,465.95 $292,709,024.59 The competition for contract award therefore was extremely close between 3M and TVI in terms of both price and non-price factors. The agency made award to 3M, finding that the firm's proposal offered the best overall value to the government.