Process Control Technologies v. United States

53 Fed. Cl. 71, 2002 U.S. Claims LEXIS 188, 2002 WL 1815855
CourtUnited States Court of Federal Claims
DecidedAugust 2, 2002
DocketNo. 99-941 C
StatusPublished
Cited by17 cases

This text of 53 Fed. Cl. 71 (Process Control Technologies 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
Process Control Technologies v. United States, 53 Fed. Cl. 71, 2002 U.S. Claims LEXIS 188, 2002 WL 1815855 (uscfc 2002).

Opinion

[73]*73OPINION

BUSH, Judge.

This pre-award bid protest is currently before the court on defendant’s motion for judgment upon the administrative record and plaintiffs opposition thereto. For the following reasons, defendant’s motion is granted.

BACKGROUND

I. Factual Background

On December 11, 1995, the United States Army, White Sands Missile Range (Army) issued Request for Proposals (RFP) No. DAAD07-96-R-0103 for the purchase of wire harness kits and test fixtures for the Flexible Engine Diagnostic System, a mobile testing facility used to test turbo-shaft engines. The requirement was offered to Process Control Technologies, a division of GMC Enterprises, Inc. (Process Control; PCT) as a sole source set-aside pursuant to Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a). In July 1995, the Army nominated PCT as the small disadvantaged business to meet the requirement.

The RFP states that a fixed-price, indefinite quantity contract would be awarded for a five-year term consisting of one base year and four option years. The government’s Independent Cost Estimate valued the proposed contract at $4,967,693.23. The record contains a detailed breakdown of the estimate, including the prices for each part required by the contract. Sections L.21 and L.22 of the RFP required PCT to submit cost and pricing data in support of its proposed price for each contract line item.

The wire harness kits and test fixtures were to be manufactured in accordance with government-furnished drawings and delivered to the Army Depot in Corpus Christi, Texas. The wire harness test kits and test fixtures to be procured under the solicitation involved over 3,000 different parts. The Army had provided the relevant drawings to PCT four months before the RFP was issued to assist PCT in preparing its proposal.

Timely delivery was critical to the Army. Section F.5 of the RFP, “Time of Delivery” contained a Required Delivery Schedule stating that delivery of the first shipment of the minimum order quantity was due May 1, 1996, with the second, third, and fourth shipments due, respectively, July 1, 1996, September 1, 1996, and November 1, 1996. Section F.5 also states that “[ojffers that propose delivery that will not clearly fall within the applicable required delivery period specified above, may be considered non-responsive and rejected.” AR at 15.1 Section L.O of the RFP required PCT to submit a flow chart demonstrating how it intended to meet the Required Delivery Schedule.

As amended, the closing date of the solicitation was January 9, 1996. On January 5, 1996, PCT submitted its proposal. The proposal was not accompanied by cost and pricing data as required by section L.20 and L.21 of the RFP or the flow chart required by section L.O of the RFP. Also, PCT’s proposed price was $10,776,634 — more than twice the government estimate.

On January 8, 1996, an Army contract specialist reminded PCT that cost and pricing data was required. PCT submitted some data on January 9,1996, but, after conducting discussions with PCT, the contract specialist determined that the data was inadequate and improperly formatted. On January 10, 1996, the contract specialist asked PCT to provide additional, properly formatted cost data. In turn, PCT informed the contract specialist that it had forgotten to indicate that if its prices increased, the contract price would also increase. The contract specialist reminded PCT that the RFP was for a fixed-price contract. PCT then stated that it was unwilling to enter into a five-year fixed-price contract.

On January 11, 1996, PCT submitted additional cost data to the contract specialist. However, the contract specialist again determined that the data was unacceptable, primarily because it did not contain adequate labor rate information and because it re[74]*74vealed a labor overhead rate of 498 percent which included substantial travel and legal costs. On that same date, Army officials again met with PCT. to discuss the cost data the Army required to meaningfully evaluate PCT’s proposal. The Army also informed PCT that its price far exceeded the government estimate and suggested that PCT review its costs. Moreover, the Army reduced the contract term to a base year and one option year; deleted certain items; and gave PCT additional time to deliver other items. PCT informed the Army that it would provide revised cost data by January 18, 1996.

On January 12, 1996, the contract specialist reminded PCT that it was required to submit a flow chart that would demonstrate how it intended to meet the delivery schedule. PCT stated that it had not prepared a flow chart and asked to be relieved of the requirement until some unspecified date after contract award.

By letter dated January 16, 1996, the contracting officer reiterated to PCT that timely delivery was critical and that the Army required a demonstration of how PCT intended to meet the delivery schedule before awarding a contract. The contracting officer informed PCT that no contract would be awarded without the flow chart required by section L.O of the RFP.

On January 22, 1996, PCT submitted a “Manufacturing Schedule” pursuant to section L.O. However, the schedule extended only to May 1,1996, the due date for the first shipment of the minimum quantity. PCT also submitted a revised cost proposal and cost data. However, PCT’s revised price for a two-year contract was $3,421,708 for the base year and one option year. This figure was 175 percent higher than the government estimate of $1,954,332. Furthermore, PCT’s revised cost data reflected a labor overhead rate of 330 percent, which the Army states was more than twice the rate used by other small companies similar to PCT, given the Army’s experience with such firms.

On January 30,1996, Army officials toured PCT’s plant and met with PCT personnel. During the discussions, PCT provided the Army with a fist of more than $110,000 worth of equipment PCT required to perform the contract. The cost of this equipment was not included in PCT’s proposal, and PCT expected the government to pay for it. PCT also stated that it intended to hire eleven new employees for the contract. Finally, PCT stated that the contract would be managed by PCT’s president and director of Federal contracts and business development and that one hundred percent of their salaries would be charged to the Army.

On January 31,1996, Army officials met to discuss whether contracting with PCT was in the government’s best interest. On February 2,1996, the contracting officer decided to cancel the RFP on the basis of (1) PCT’s unreasonable price; and (2) PCT’s failure to adequately demonstrate that it could meet the critical delivery schedule. The contracting officer decided that the most urgently required materials would be purchased from another vendor pursuant to an existing contract and that a new solicitation would be issued for the remaining items. In reaching his decision, the contracting officer relied upon detailed written findings and Section 15.608(b) of the Federal Acquisition Regulation which provides, in pertinent part:

All proposals received in response to a solicitation may be rejected if the agency head determines in writing that—
(1) All otherwise acceptable proposals received are at unreasonable[e] prices;
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Bluebook (online)
53 Fed. Cl. 71, 2002 U.S. Claims LEXIS 188, 2002 WL 1815855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/process-control-technologies-v-united-states-uscfc-2002.