RTI International

B-411268 Jun 26, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights RTI International, of Research Triangle Park, North Carolina, protests the elimination of its proposal from the competitive range under request for proposals (RFP) No. SOL-NC-13-00020, which was issued by the Environmental Protection Agency (EPA), for filter handling and analytical support services in support of air quality monitoring. The protester's proposal was disqualified for failing to achieve a passing score on a pre-award performance testing analysis. RTI argues that the agency's technical evaluation was flawed because EPA unreasonably provided offerors with unreliable sample filters for performance testing, or, alternatively, failed to apprise offerors of material information regarding the archiving and storage of the sample filters. We deny the protest. We deny the protest. View Decision 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: RTI International File: B-411268 Date: June 26, 2015 Robert Nichols, Esq., Nooree Lee, Esq., and Z. Lily Rudy, Esq., Covington & Burling, LLP, for the protester. Shaun R. Trudeau, Esq., and Kenneth R. Pakula, Esq., Environmental Protection Agency, for the agency. Evan D. Wesser, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency’s technical evaluation on the basis that the sample filters furnished by the agency for performance testing were defective is denied where the government-furnished sample filters were appropriate for the performance testing anticipated by the solicitation. 2. Protest asserting that the agency relied upon an unstated evaluation criterion by failing to disclose material information regarding the archiving and storage of government-furnished sample filters is denied where the agency’s process was reasonable and in accordance with the terms of the solicitation. DECISION RTI International, of Research Triangle Park, North Carolina, protests the elimination of its proposal from the competitive range under request for proposals (RFP) No. SOL-NC-13-00020, which was issued by the Environmental Protection Agency (EPA), for filter handling and analytical support services in support of air quality monitoring. The protester’s proposal was disqualified for failing to achieve a passing score on a pre-award performance testing analysis. RTI argues that the agency’s technical evaluation was flawed because EPA unreasonably provided offerors with unreliable sample filters for performance testing, or, alternatively, failed to apprise offerors of material information regarding the archiving and storage of the sample filters. We deny the protest. BACKGROUND The RFP, which was issued on September 15, 2014, sought proposals for analytical services in support of EPA’s obligations to monitor the National Ambient Air Quality Standards (NAAQS) as mandated by the Clean Air Act. Agency Report (AR) at 1. The RFP anticipated the award of a fixed‑price requirements type contract, with a 5‑year ordering period, for filter handling and analytical support services in connection with EPA’s Chemical Speciation Network (CSN).[1] RFP at B-1, F-1.[2] EPA established the CSN to conduct routine speciation monitoring of certain fine air particulates following the agency’s PM2.5 NAAQS review, which was completed in 1997. RFP, Statement of Work, at 1.[3] The CSN is comprised of 50 Speciation Trends Network sites and approximately 150 State and Local Air Monitoring Station supplemental sites located throughout the United States. Id. Aerosol samples are collected on filters at these sites and are analyzed for PM2.5 mass, a number of trace elements, major ions (e.g., sulfate, nitrate, and ammonium), and organic and elemental carbon. Id. States use the monitoring data analyzed by the CSN support contractor to determine if they are in attainment or nonattainment of mandated EPA air quality parameters. Contracting Officer’s Statement of Facts (COSF) (Apr. 22, 2015), at 2. For purposes of award, the RFP provided that EPA would evaluate proposals under the following four factors: (1) technical approach; (2) past performance; (3) quality assurance; and (4) small-disadvantaged business participation. RFP at M-1.[4] Offerors determined to be in the competitive range were to participate in performance testing (PT) on a pass/fail basis. Id. at L-13, M-2. Specifically, the RFP stated that: As part of the proposal evaluation, each bidder . . . that meets the minimum technical requirements will be given the opportunity to analyze and report results for a set of performance testing (PT) samples. The PT samples will be provided by the EPA which provides Quality Assurance (QA) oversight for the [CSN] analytical support laboratories. . . .