B-176267, OCT 17, 1972
Highlights
EVEN THOUGH STAFFORD'S OFFER WAS NOT PROPERLY EVALUATED. INC.: FURTHER REFERENCE IS MADE TO YOUR TELEFAX OF JUNE 17. THAT SPCC COULD NOT EVALUATE THE DATA IN YOUR OFFER BECAUSE IT DID NOT HAVE COMPARABLE DATA FOR THE SPECIFIED ANSUL PART. THAT CONTRACT DSA400-72-C-8000 WAS AWARDED TO ANSUL ON JUNE 13. DSA NOW STATES THAT YOUR OFFER WAS NOT PROPERLY EVALUATED. THAT ACTION IS BEING TAKEN TO PREVENT A REPETITION OF THESE CIRCUMSTANCES IN FUTURE PROCUREMENTS. DSA STATES IT HAS ADVISED THE DEFENSE GENERAL SUPPLY CENTER THAT WHEN THE ITEMS TO BE PROCURED ARE RELATIVELY SIMPLE.
B-176267, OCT 17, 1972
BID PROTEST - IMPROPER EVALUATION OF OFFER DECISION DENYING THE PROTEST OF STAFFORD MANUFACTURING CO., INC., AGAINST AWARD OF A CONTRACT TO ANSUL COMPANY UNDER AN RFP ISSUED BY DSA FOR A SUPPLY OF SHIPBOARD FIRE EXTINGUISHER DECALS. EVEN THOUGH STAFFORD'S OFFER WAS NOT PROPERLY EVALUATED, THE AWARD TO ANSUL SHOULD NOT BE DISTURBED BECAUSE ANSUL HAS ALREADY MAILED THE ITEMS TO THE GOVERNMENT.
TO STAFFORD MANUFACTURING CO., INC.:
FURTHER REFERENCE IS MADE TO YOUR TELEFAX OF JUNE 17, 1972, AND SUBSEQUENT CORRESPONDENCE, CONCERNING YOUR PROTEST UNDER REQUEST FOR PROPOSALS DSA400-72-R-6778, ISSUED BY THE DEFENSE SUPPLY AGENCY (DSA) ON APRIL 5, 1972, FOR 6,852 DECALS, SHIPBOARD FIRE EXTINGUISHERS (PKP), FSN 7690-165-6663, ANSUL COMPANY PART NUMBER 11311, REQUIRED BY THE NAVY SHIP PARTS CONTROL CENTER (SPCC).
YOUR CONCERN, A NEW SUPPLIER OF THE DECAL, AND THE ANSUL COMPANY SUBMITTED THE ONLY PROPOSALS FOR THE REQUIREMENT BY THE CLOSING DATE ON APRIL 19, 1972. YOU SUBMITTED THE LOWER PROPOSAL; HOWEVER, IT DID NOT CONTAIN THE TECHNICAL INFORMATION ON THE DECALS REQUIRED BY PARAGRAPH 14.2.1.6 OF THE RFP.
THE RECORD SHOWS THAT THE CONTRACTING OFFICER SUBSEQUENTLY REQUESTED YOU TO SUBMIT THE REQUIRED TECHNICAL INFORMATION; THAT YOU SUBMITTED THIS INFORMATION BY LETTERS OF MAY 3 AND 5, 1972; THAT THE CONTRACTING OFFICER THEN FORWARDED YOUR LOW PROPOSAL TO SPCC FOR APPROVAL; THAT SPCC COULD NOT EVALUATE THE DATA IN YOUR OFFER BECAUSE IT DID NOT HAVE COMPARABLE DATA FOR THE SPECIFIED ANSUL PART; THAT SPCC THEREFORE DIRECTED AN AWARD TO ANSUL; AND THAT CONTRACT DSA400-72-C-8000 WAS AWARDED TO ANSUL ON JUNE 13, 1972, AFTER DSA RECEIVED A FAVORABLE PREAWARD SURVEY ON THAT COMPANY.
DSA NOW STATES THAT YOUR OFFER WAS NOT PROPERLY EVALUATED, AND THAT ACTION IS BEING TAKEN TO PREVENT A REPETITION OF THESE CIRCUMSTANCES IN FUTURE PROCUREMENTS. IN THIS REGARD, DSA STATES IT HAS ADVISED THE DEFENSE GENERAL SUPPLY CENTER THAT WHEN THE ITEMS TO BE PROCURED ARE RELATIVELY SIMPLE, AS IN THIS PROCUREMENT, TO MANUFACTURE OR DUPLICATE, CONTRACTING OFFICERS SHOULD REQUEST ENGINEERING SUPPORT ACTIVITIES TO GIVE ADEQUATE EXPLANATIONS CONCERNING THE TECHNICAL UNACCEPTABILITY OF BIDDERS' PRODUCTS. ADDITIONALLY, DSA SUGGESTS THAT THE CENTER ADVISE SPCC OF THE OUTCOME OF THIS CASE, AND REQUEST THAT IT FURNISH SUCH EXPLANATIONS IN FUTURE PROCUREMENTS.
NOTWITHSTANDING THIS ADVICE, DSA RECOMMENDS THAT ANSUL'S AWARD NOT BE DISTURBED BECAUSE THE CONTRACTOR MAILED THE DECALS TO THE GOVERNMENT ON AUGUST 10, 1972. WE AGREE WITH THIS RECOMMENDATION.
IN VIEW OF THE FOREGOING, YOUR PROTEST, INSOFAR AS IT REQUESTS CANCELLATION OF THE SUBJECT AWARD, MUST BE DENIED.