B-224503, AUG 20, 1986, 86-2 CPD 206
Highlights
CONTRACTS - PROTESTS - BASIS FOR PROTEST REQUIREMENT DIGEST: PROTEST IS DISMISSED FOR FAILURE TO SET FORTH A DETAILED STATEMENT OF THE LEGAL AND FACTUAL GROUNDS OF PROTEST WHERE THE PROTESTER STATES ONLY THAT THE CONTRACTING AGENCY IMPROPERLY REJECTED ITS PROPOSAL AS TECHNICALLY UNACCEPTABLE. GIVES NO EXPLANATION OF THE BASIS OF THE AGENCY'S REJECTION OF ITS PROPOSAL OR WHY THE REJECTION WAS IMPROPER. DOES NOT EXPLAIN THE NAVY'S BASIS FOR THE REJECTION OR WHY THAT DECISION WAS ERRONEOUS. THE ONLY DETAILS THAT MTI PROVIDES ARE THE QUESTIONS POSED BY THE NAVY TO MTI DURING DISCUSSIONS HELD BEFORE ITS BEST AND FINAL OFFER WAS SUBMITTED. MTI STATES GENERALLY THAT THE QUESTIONS AND ITS ANSWERS DEMONSTRATE THAT ITS PROPOSAL WAS TECHNICALLY ACCEPTABLE.
B-224503, AUG 20, 1986, 86-2 CPD 206
CONTRACTS - PROTESTS - BASIS FOR PROTEST REQUIREMENT DIGEST: PROTEST IS DISMISSED FOR FAILURE TO SET FORTH A DETAILED STATEMENT OF THE LEGAL AND FACTUAL GROUNDS OF PROTEST WHERE THE PROTESTER STATES ONLY THAT THE CONTRACTING AGENCY IMPROPERLY REJECTED ITS PROPOSAL AS TECHNICALLY UNACCEPTABLE, BUT GIVES NO EXPLANATION OF THE BASIS OF THE AGENCY'S REJECTION OF ITS PROPOSAL OR WHY THE REJECTION WAS IMPROPER.
METAL TRADES, INC.:
METAL TRADES, INC. (MTI) PROTESTS THE REJECTION OF ITS PROPOSAL AS TECHNICALLY UNACCEPTABLE UNDER REQUEST FOR PROPOSALS (RFP) NO. N00024 86-R -8507, ISSUED BY THE NAVY FOR MAINTENANCE OF COAST GUARD CUTTERS. DISMISS THE PROTEST, BECAUSE MTI HAS FAILED TO PROVIDE ADEQUATE DETAIL IN SUPPORT OF ITS CONTENTION.
MTI ARGUES THAT THE NAVY IMPROPERLY REJECTED ITS PROPOSAL AS TECHNICALLY UNACCEPTABLE, BUT DOES NOT EXPLAIN THE NAVY'S BASIS FOR THE REJECTION OR WHY THAT DECISION WAS ERRONEOUS. RATHER, THE ONLY DETAILS THAT MTI PROVIDES ARE THE QUESTIONS POSED BY THE NAVY TO MTI DURING DISCUSSIONS HELD BEFORE ITS BEST AND FINAL OFFER WAS SUBMITTED. MTI STATES GENERALLY THAT THE QUESTIONS AND ITS ANSWERS DEMONSTRATE THAT ITS PROPOSAL WAS TECHNICALLY ACCEPTABLE, BUT DOES NOT INDICATE WHICH, IF ANY, OF THE AREAS COVERED BY THE QUESTIONS AND ANSWERS FORMED THE BASIS FOR THE NAVY'S DECISION TO REJECT ITS PROPOSAL.
OUR BID PROTEST REGULATIONS REQUIRE THAT A PROTEST SET FORTH A DETAILED STATEMENT OF THE LEGAL AND FACTUAL GROUNDS OF PROTEST AND PROVIDE FOR DISMISSAL OF ANY PROTEST THAT FAILS TO COMPLY WITH THIS REQUIREMENT. C.F.R. SECS. 21.1(C)(4), 21.1(F) (1986). THE REGULATIONS CONTEMPLATE A STATEMENT SUFFICIENT TO APPRISE THE CONTRACTING AGENCY OF THE SPECIFIC ASPECTS OF THE PROCUREMENT TO WHICH THE PROTESTER OBJECTS, RATHER THAN MERELY A GENERAL EXPRESSION OF DISSATISFACTION OVER NOT RECEIVING AN AWARD. GTT INDUSTRIES, INC., B-220824, NOV. 5, 1985, 85-2 CPD PARA. 527. HERE, WE FIND THAT MTI'S GENERAL CONTENTION THAT ITS PROPOSAL WAS REJECTED IMPROPERLY, WITHOUT ANY EXPLANATION OF THE BASIS FOR THE REJECTION OR WHY MTI BELIEVES IT WAS ERRONEOUS, DOES NOT MEET THE REQUIREMENT TO SET FORTH A DETAILED STATEMENT OF THE LEGAL AND FACTUAL GROUNDS OF THE PROTEST.
WE RECOGNIZE THAT, SINCE AWARD HAS NOT YET BEEN MADE, MTI HAS NOT YET HAD A DEBRIEFING AT WHICH THE NAVY WOULD DISCLOSE ITS SPECIFIC REASONS FOR REJECTING MTI'S PROPOSAL. IF MTI SUBSEQUENTLY LEARNS OF DETAILS REGARDING THE NAVY'S DECISION WHICH ESTABLISH A VALID BASIS OF PROTEST, MTI MAY FILE A PROTEST SETTING FORTH A DETAILED STATEMENT OF ITS PROTEST GROUNDS, PROVIDED THAT IT DOES SO WITHIN 10 WORKING DAYS AFTER IT LEARNS THE BASIS FOR THE PROTEST. GTT INDUSTRIES, INC., B-220824, SUPRA.
THE PROTEST IS DISMISSED.