Automated Precision, Inc. (N68335-22-R-0163)

B-422063.2 Jun 18, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Automated Precision, Inc. (API), a small business of Rockville, Maryland, protests the award of a contract to Hexagon Manufacturing Intelligence, Inc., of Kingstown, Rhode Island, under request for proposals (RFP) No. N68335-22-R-0163, issued by the Department of the Navy, Naval Air Systems Command, for laser trackers and associated component parts for the V-22 aircraft. The protester contends that the agency improperly rejected API's proposal for failing to meet solicitation requirements. We deny the protest in part and dismiss it in part. View Decision Decision Matter of: Automated Precision, Inc. File: B-422063.2 Date: June 18, 2025 Adam Hicks, Automated Precision, Inc., for the protester. Alan Grayson, Esq., for Hexagon Manufacturing Intelligence, Inc., the intervenor. Bethany Hsu, Esq., and Daniel C. Carleton, Esq., Department of the Navy, for the agency. Thomas J. Warren, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly rejected protester’s proposal is denied where the protester failed to provide a certification required by solicitation provision implementing relevant Buy American requirements. 2. Protester is not an interested party to challenge other aspects of agency’s evaluation where the protester was not eligible for award as a result of submitting a technically unacceptable proposal. DECISION Automated Precision, Inc. (API), a small business of Rockville, Maryland, protests the award of a contract to Hexagon Manufacturing Intelligence, Inc., of Kingstown, Rhode Island, under request for proposals (RFP) No. N68335-22-R-0163, issued by the Department of the Navy, Naval Air Systems Command, for laser trackers and associated component parts for the V-22 aircraft. The protester contends that the agency improperly rejected API’s proposal for failing to meet solicitation requirements. We deny the protest in part and dismiss it in part. BACKGROUND The procurement history for this requirement spans several years. The Navy first issued the solicitation on April 22, 2022, seeking commercially available off-the-shelf laser trackers capable of performing highly accurate three-dimensional measurements for the V-22 aircraft. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2; Agency Report (AR), Tab 1, RFP at 5.[1] The solicitation was issued on an unrestricted basis and contemplated the award of a fixed-price contract. RFP at 1, 3. Award was to be made to the offeror submitting the lowest-priced, technically acceptable proposal. Id. at 3-4. The solicitation identified numerous minimum technical requirements the proposed laser tracker product was required to meet to be considered acceptable. Id. at 5. As relevant here, the proposed laser tracker was required to meet a humidity requirement of “0 to 95 [percent] non-condensing.” Id. The solicitation indicated that “[a]ll proposals will be evaluated for compliance with [the] terms, conditions and requirements set forth in the solicitation[,]” and “[a] technical proposal must be found to be acceptable in all areas to be considered technically acceptable and eligible for award.” Id. at 4. The RFP further advised that a proposal with an unacceptable rating under the technical factor will result in the entire proposal being found unacceptable and eliminated from the competition. Id. In addition, the solicitation incorporated by reference Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.225-7001, “Buy American and Balance of Payments Program.” RFP at 46. The clause implements the Buy American statute, 41 U.S.C. §§ 8301-8305 (formerly the Buy American Act, 41 U.S.C. §§ 10a-10d) and the Department of Defense Balance of Payments Program, by establishing a preference for domestic end products over foreign end products, except for foreign end products of certain qualifying countries. The solicitation also incorporated DFARS provision 252.225-7000, Buy American--Balance of Payments Program Certificate (Buy American certificate), which requires offerors to certify whether their proposed products are domestic end products from the United States, foreign end products from a qualifying country, or foreign end products from a non-qualifying country.[2] RFP at 46; DFARS provision 252.225-7000(c). The agency received three timely proposals, including proposals from API and Hexagon. COS/MOL at 3. On September 27, 2023, the agency awarded the contract to Hexagon as the lowest-priced, technically acceptable offer. Id. API then filed a protest with our Office on October 4. After the agency notified our Office that the Navy intended to take corrective action by re-evaluating proposals, we dismissed API’s protest as academic.