B-225380, OCT 24, 1986
Highlights
PROCUREMENT - COMPETITIVE NEGOTIATION - CONTRACT AWARDS - ADMINISTRATIVE DISCRETION - COST/TECHNICAL TRADEOFFS - TECHNICAL SUPERIORITY DIGEST: THE AWARD OF A CONTRACT TO AN OFFEROR WHO OFFERED SUPPLIES THAT MEET ALL OF THE REQUIREMENTS OF THE SPECIFICATIONS IS PROPER. WE FIND THE AWARD TO HAVE BEEN PROPER. IT IS CLEAR THAT STANLEY-VIDMER'S PRODUCT MET ALL OF THE REQUIREMENTS OF THE SPECIFICATIONS. IF LISTA BELIEVED THE SPECIFICATIONS WERE IMPROPER OR THAT THE LINE ITEMS IT COULD NOT PROVIDE SHOULD HAVE BEEN BROKEN OUT FROM THE PROCUREMENT. IT SHOULD HAVE PROTESTED PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS. OUR BID PROTEST REGULATIONS REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN AN RFP THAT ARE APPARENT PRIOR TO THE CLOSING DATE BE FILED PRIOR TO THE TIME FOR CLOSING. 4 C.F.R.
B-225380, OCT 24, 1986
PROCUREMENT - COMPETITIVE NEGOTIATION - CONTRACT AWARDS - ADMINISTRATIVE DISCRETION - COST/TECHNICAL TRADEOFFS - TECHNICAL SUPERIORITY DIGEST: THE AWARD OF A CONTRACT TO AN OFFEROR WHO OFFERED SUPPLIES THAT MEET ALL OF THE REQUIREMENTS OF THE SPECIFICATIONS IS PROPER, NOTWITHSTANDING THE RECEIPT OF A LOWER PRICED OFFER FROM A FIRM THAT COULD NOT FURNISH CONFORMING SUPPLIES FOR FOUR OF THE LINE ITEMS IN THE SOLICITATION.
LISTA INTERNATIONAL CORPORATION:
LISTA INTERNATIONAL CORPORATION (LISTA) PROTESTS A CONTRACT AWARD FOR STACKABLE CABINETS TO STANLEY-VIDMER BY THE DEPARTMENT OF THE NAVY UNDER REQUEST FOR PROPOSALS (RFP) NO. N00604-86-R-0066.
WE FIND THE AWARD TO HAVE BEEN PROPER. FROM LISTA'S OWN SUBMISSION, IT IS CLEAR THAT STANLEY-VIDMER'S PRODUCT MET ALL OF THE REQUIREMENTS OF THE SPECIFICATIONS, WHILE LISTA'S DID NOT-- LISTA ADMITS THAT IT COULD NOT FURNISH CABINETS OF A PARTICULAR DIMENSION FOR FOUR OF THE LINE ITEMS IN THE SOLICITATION. ACCORDINGLY, THE AGENCY PROPERLY REJECTED LISTA'S LOWER -PRICED PROPOSAL. IF LISTA BELIEVED THE SPECIFICATIONS WERE IMPROPER OR THAT THE LINE ITEMS IT COULD NOT PROVIDE SHOULD HAVE BEEN BROKEN OUT FROM THE PROCUREMENT, AS LISTA ALLEGES IT REQUESTED THE NAVY TO DO, IT SHOULD HAVE PROTESTED PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS. OUR BID PROTEST REGULATIONS REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN AN RFP THAT ARE APPARENT PRIOR TO THE CLOSING DATE BE FILED PRIOR TO THE TIME FOR CLOSING. 4 C.F.R. SEC. 21.2(A)(1) (1986). LISTA'S PROTEST INDICATES LISTA RECOGNIZED THE ALLEGED IMPROPRIETY BEFORE THE CLOSING DATE FOR RECEIPT OF PROPOSALS AND DID NOT PROTEST UNTIL AFTER AWARD WAS MADE TO ANOTHER FIRM.
THE PROTEST IS DISMISSED.