B-214609, MAR 27, 1984

B-214609, MAR 27, 1984

DIGEST: AN INITIAL PROPOSAL IS PROPERLY EXCLUDED FROM THE COMPETITIVE RANGE WHERE INFORMATION NECESSARY TO EVALUATE THE PROPOSAL WAS OMITTED.

FEDERAL HOME MAINTENANCE:

FEDERAL HOME MAINTENANCE (FHM) PROTESTS THE AIR FORCE'S REFUSAL TO ACCEPT ITS PROPOSAL SUBMITTED IN RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO. F08650-84-R-0001 FOR HOUSING MAINTENANCE.

WE SUMMARILY DENY THE PROTEST.

FHM CLAIMS THAT IT SUBMITTED A BID PRICE WITH ITS PROPOSAL AND OFFERED TO SUBMIT UPON WRITTEN REQUEST ALL INFORMATION NECESSARY FOR FINAL AWARD. FHM STATES THAT THE AIR FORCE SUBSEQUENTLY MADE NO REQUEST FOR FURTHER INFORMATION. THE AIR FORCE REJECTED THE PROPOSAL FOR FAILURE TO PROVIDE THE TECHNICAL/MANAGEMENT AND COST PROPOSALS REQUIRED BY THE TERMS OF THE RFP. FHM DOES NOT CONTEND EITHER THAT THE RFP DID NOT REQUIRE TECHNICAL/MANAGEMENT AND COST PROPOSALS OR THAT IT DID, IN FACT, SUBMIT SUCH PROPOSALS.

AN OFFEROR MUST DEMONSTRATE AFFIRMATIVELY THE MERITS OF ITS PROPOSAL AND IT RUNS THE RISK OF PROPOSAL REJECTION IF IT FAILS TO DO SO CLEARLY. CENTURION FILMS, INC., B-205570, MARCH 25, 1982, 82-1 CPD 285. EVEN IF THE DEFICIENCIES ARE INFORMATIONAL IN NATURE, A PROPOSAL MAY PROPERLY BE EXCLUDED FROM THE COMPETITIVE RANGE ON THAT BASIS. SYSCON CORPORATION, B-208882, MARCH 31, 1983, 83-1 CPD 335.

HERE, CONSIDERING THAT FHM DOES NOT DISPUTE THAT IT FAILED TO SUBMIT TECHNICAL/MANAGEMENT AND COST PROPOSALS AS REQUIRED BY THE TERMS OF THE RFP, WE CONCLUDE THAT THE AIR FORCE ACTED PROPERLY IN REJECTING FHM'S INITIAL PROPOSAL AND THEREBY EXCLUDING IT FROM THE COMPETITIVE RANGE.

WE DENY THE PROTEST.