B-298772.2, Freedom Lift Corporation, January 25, 2007

B-298772.2 Jan 25, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Freedom Lift Corporation protests the award of line items 2, 5, and 7 to Bruno Independent Living Aids, Inc. under request for proposals (RFP) No. 797-NC-05-0009, issued by the National Acquisition Center of the Department of Veterans Affairs (VA) for wheelchair lifts and carriers, and scooter lifts. The protester contends that the agency acted inconsistently in selecting Bruno's lift for award under item 2, while failing to select the protester's own lift for award under item 8. The protester also argues that the lift that Bruno offered in response to line items 5 and 7 failed to comply with an RFP specification pertaining to weight capacity. We deny the protest. View Decision B-298772.2, Freedom Lift Corporation, January 25, 2007 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: Freedom Lift Corporation File: B-298772.2 Date: January 25, 2007 Huey P. Cotton, Esq., Cozen O'Connor, for the protester. Scott M. Heimberg, Esq., Thomas P. McLish, Esq., Andrea T. Vavonese, Esq., and Lauren R. Bates, Esq., Akin Gump Strauss Hauer & Feld LLP, for Bruno Independent Living Aids, Inc., an intervenor. Maura C. Brown, Esq., Department of Veterans Affairs, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting officer did not act inconsistently in selecting lower-rated, lower'priced item for award under one line item and higher-rated, higher-priced item for award under another where price/technical trade-off considerations pertaining to the two line items were distinct. 2. Under solicitation for wheelchair/scooter lifts to be installed in motor vehicles used by mobility-impaired veterans, protest that specification requiring that lifts be capable of lifting 350 pounds should be interpreted as requiring that lifts be capable of lifting 350 pounds on majority of vehicles owned by mobility-impaired veterans is denied where solicitation contained no language indicating that compliance with specification was required in a majority--or in any specific percentage--of vehicles. DECISION Freedom Lift Corporation protests the award of line items 2, 5, and 7 to Bruno Independent Living Aids, Inc. under request for proposals (RFP) No. 797-NC-05-0009, issued by the NationalAcquisitionCenter of the Department of Veterans Affairs (VA) for wheelchair lifts and carriers, and scooter lifts.[1] The protester contends that the agency acted inconsistently in selecting Bruno's lift for award under item 2, while failing to select the protester's own lift for award under item 8. The protester also argues that the lift that Bruno offered in response to line items 5 and 7 failed to comply with an RFP specification pertaining to weight capacity. We deny the protest. BACKGROUND The RFP, which was issued on January 20, 2005, sought unit prices for estimated quantities of various types of wheelchair lifts and carriers, and scooter lifts. Prices were sought for a base and 4 option years. Of relevance to this protest, line item 2 sought offers for a power-operated wheelchair carrier for manual wheelchairs and hitches; line item 5 sought offers for a hoist system interior power-operated lift for scooters; and line item 7 sought offers for a hoist system interior power-operated lift for power wheelchairs. The RFP included specifications that defined required features of the lifts and carriers, and offerors were required to submit descriptive literature demonstrating compliance with these specifications. RFP amend. 8, at 40, 41. The only specification pertaining to item 5 required a minimum weight capacity of 85 pounds and a maximum weight capacity of 350 pounds; similarly, the only specification pertaining to item 7 required a minimum weight capacity of 87 pounds and a maximum weight capacity of 350 pounds.[2] Required features of item 2 were that the carrier be constructed of all-weather material; that it have a locking device, a cover, a manual emergency back-up system, minimum and maximum weight capacities of 20 and 100 pounds, respectively, and 12 inches clearance from the ground; and that it mount to various types of hitches. The solicitation explained that after the product literature and technical proposals had been evaluated to determine compliance with the specifications, a –subjective technical evaluation— of the lifts and carriers would be performed. RFP amend. 8, at 46. The following four subfactors, listed in descending order of importance, were to be considered in this evaluation: safety and stability, performance, number of warranty years, and dealer network. Id. at 46-47.