ACRA, Inc. v. United States

44 Fed. Cl. 288, 1999 U.S. Claims LEXIS 166, 1999 WL 513039
CourtUnited States Court of Federal Claims
DecidedJuly 14, 1999
DocketNo. 99-337C
StatusPublished
Cited by36 cases

This text of 44 Fed. Cl. 288 (ACRA, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ACRA, Inc. v. United States, 44 Fed. Cl. 288, 1999 U.S. Claims LEXIS 166, 1999 WL 513039 (uscfc 1999).

Opinion

OPINION1

FIRESTONE, Judge.

This post-award bid protest action comes before the court on the parties’ cross-motions for judgment on the administrative record. Plaintiff, ACRA, Inc. (“ACRA”) protests the [290]*290Defense Logistics Agency, Defense Distribution Center’s (“Agency” or “defendant”) award to The Horsley Company (“Horsley”) of a contract for the management, services, and labor necessary to provide a High Density Bin Storage Material Handling System at the Defense Distribution Depot in San Joaquin, Tracy, California.2 The issues for consideration include the following: (1) whether Horsley’s phased implementation plan was properly awarded credit as an enhancement, or whether the Agency improperly relied on Horsley’s phased implementation plan as an undisclosed evaluation factor; (2) whether the Agency erred in failing to conduct meaningful discussions with ACRA over its technical and management proposals; and (3) whether, even if the Agency erred in considering Horsley’s phased implementation approach as an enhancement and in conducting discussions, ACRA was prejudiced by the error.

FACTS

The facts are undisputed. On May 1,1998, the Agency issued a solicitation for all services, management, labor, material, equipment, controls, and engineering necessary to provide a High Density Bin Storage Material Handling System at the Defense Distribution Depot in San Joaquin, Tracy, California. The Agency manages and operates a distribution depot for items purchased and stored for the military.

In order to assure the timely and efficient completion of the storage and handling system, the solicitation initially called for the system to be completed within 365 days following the date of a contract award.3 The Agency emphasized the need for expeditious completion in section F of the solicitation, which specifically stated that “[t]he Government desires maximum acceleration of performanee/completion of the contract provided such acceleration is at no additional cost to the Government.”

In addition to wanting accelerated completion, the Agency also wanted to minimize disruption during construction. In fact, one of the stated contract objectives was to “minimize disraption/down time during system installation.” In order to meet this objective, the solicitation instructed the contractor to:

Install as much of the new material handling system as possible prior to removing existing material handling systems/equipment’s or impacting warehousing operations;
Minimize the amount of time between the removal of the existing material handling systems/equipment that impact distribution operations and installation completion; Closely coordinate material handling and facility system installations/modifications with [Agency] personnel in order for them to continue distribution operations during installation.

Under the terms of the solicitation, offers were to be evaluated by the following criteria, in descending order of importance: (1) technical; (2) management; (3) cost/price. The technical and management areas were significantly more important than price, but the Agency reserved the right to perform trade-offs between technical, management, and cost/price.

With respect to the technical proposal, the solicitation identified five factors against which proposals would be evaluated:

Factor 1: Material Handling Equipment System Layout/Design;
Factor 2: in Shelving Storage Meehanical/Electrical Components;
Factor 3: Package/Tote Conveyor Mechanical/Eleetrieal Components and Controls;
Factor 4: Equipment and Facilities Interfaces/Modification;
Factor 5: Software/Firmware Development and Documentation.

The technical proposal was to address not only what the offeror proposed to do but also “the approach to furnishing it.” The solicitation also asked offerors to address any tech[291]*291nieal enhancements in their proposals. An “enhancement” was defined in the solicitation' to mean:

any proposed change which performs the required function in a manner different from the RFP Specification/Scope of Work, but which results in better performance, safer operation, or lower cost at no sacrifice in performance.

With respect to the management proposal, the solicitation provided that offerors would be evaluated based on the following factors:

Factor 1: Master Program Management Plan;
Factor 2: Organization Structure;
Factor 3: Quality Assurance Plan;
Factor 4: Subcontract Management Plan.

Finally, with respect to the cosVprice proposal, the solicitation stated that although the cost/price proposal was the least important of the three evaluation factors, the cost could “become more important depending on the equality of offered technical/management proposals.” The solicitation provided that the award would be made based on the proposal offering the “best overall value to the government.”

The Agency received five proposals in response to the solicitation and determined that three of the proposals were responsive and within the competitive range. These three offerors included Horsley, GeneSys, Inc. (“GeneSys”), and ACRA. The Agency’s technical evaluation team (“TET”) conducted evaluations of the three offers and found that the Horsley and GeneSys technical proposals were “superior” to the ACRA technical proposal. The TET also found that the Horsley and GeneSys management proposals were “substantially superior” to the ACRA management proposal. As between Horsley and GeneSys, the TET concluded that Horsley’s proposal was superior. Based on these evaluations, the Agency initially awarded the contract to Horsley on September 29, 1998.

On November 18, 1998, ACRA filed a bid protest with the United States General Accounting Office (“GAO”), alleging various errors in the Agency’s evaluation of its proposal. Rather than defend its action, the Agency ordered a stop work order on the contract and reopened discussions with ACRA, GeneSys, and Horsley. ACRA dismissed its bid protest at GAO.

During this corrective period, the Agency wrote to each offeror regarding their proposal and invited offerors to have oral discussions with the Agency if they wished. The letters to Horsley and GeneSys stated that there were no deficiencies with their technical proposals. The letter to ACRA stated that ACRA had four deficiencies in its technical proposal, primarily relating to ACRA’s shelving storage system. ACRA and GeneSys both requested oral discussions; Horsley did not. On February 24, 1999, the Agency issued another amendment to the solicitation, changing the time of performance from 356 days to 270 days. Thereafter, the Agency held the requested discussions with both ACRA and GeneSys. The discussions resulted in ACRA’s technical rating improving to all scores of “acceptable.” All three offerors submitted final proposal revisions by March 12,1999. The final proposals from the three offerors all varied in some respects from their initial proposals. In its final proposal, Horsley expressly listed as an enhancement its plan to expedite installation and operation of the new storage and handling system.

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Cite This Page — Counsel Stack

Bluebook (online)
44 Fed. Cl. 288, 1999 U.S. Claims LEXIS 166, 1999 WL 513039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acra-inc-v-united-states-uscfc-1999.