T & S Products, Inc. v. United States

48 Fed. Cl. 100, 2000 U.S. Claims LEXIS 217, 2000 WL 1578002
CourtUnited States Court of Federal Claims
DecidedOctober 23, 2000
DocketNo. 00-432C
StatusPublished
Cited by19 cases

This text of 48 Fed. Cl. 100 (T & S Products, 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
T & S Products, Inc. v. United States, 48 Fed. Cl. 100, 2000 U.S. Claims LEXIS 217, 2000 WL 1578002 (uscfc 2000).

Opinion

OPINION

MILLER, Judge.

This case comes before the court after argument on a bid protest action alleging that the United States Postal Service (the “USPS”) improperly awarded a mail packaging supplies contract. Specifically, the protestor argues that (1) the USPS did not inform offerors that the USPS sought non-Postal Service experience and looked unfavorably on Postal Service experience; (2) the USPS improperly downgraded the protestor’s proposal because it lacked a discussion of product branding; (3) after amending the solicitation and receiving revised proposals, the USPS did not rescore the protestor’s proposal; (4) the USPS had discussions with the awardee about weaknesses in its propos[102]*102al, but did not have discussions on point with the protestor (5) the USPS impermissibly relied on commitments by the awardee about its parent company’s financial and other resources absent any formal undertaking or other commitment by the parent After a stereoscopic reexamination of the evaluation process, including the scoring of all the proposals, the court rules that the protestor has not met its burden to disturb the award.

FACTS

Solicitation No. 412735-00-A-0061 (the “Solicitation”) sought outside assistance in providing and marketing packaging and mailing supplies to be sold at United States Post Offices. The Solicitation explains at Section 1.2 that the USPS has sold packaging and mailing supplies for the past 20 years, but the USPS assessed that these supplies have been sold in an inconsistent and sporadic manner. Section 1.2 states that the USPS sought to eliminate these problems and to increase its revenue by offering a core product line of supplies, including boxes, tubes, envelopes, address labels and packing materials. Under the Solicitation, § 1.1, the USPS sought a partner “to introduce a standardized range of USPS branded retail packaging and mailing supplies within postal retail sites.”

In its proposal submitted to the USPS, T & S Products, Inc. (“plaintiff’), described itself as a large supplier of mailing supplies. The proposal further stated that during the past ten years, plaintiff has supplied packaging products to the USPS through various contracts. According to the Executive Summary of the proposal, plaintiff provides “packaging and mailing supplies and distribution services in 43 Postal Districts” to “over 20,000 USPS retail units nationwide, with annual sales of over $8 million.”

Before accepting proposals for the contract, the USPS undertook a pre-qualification process. The USPS sent out a June 4, 1999 Memorandum for Potential Packaging Products Vendors. The USPS listed several “key points to keep in mind,” one of which stated that the “USPS encourages the use of partnering or subcontracting arrangements as long as there is assurance of performance accountability, quality, and specific value-added contributions.”

After pre-qualifying a number of vendors, the USPS issued the Solicitation, which included nine evaluation factors weighted to make up a 100-point score. The factors were weighted, as follows:

1. Level of Service Response 25 points

2. General Management 20 points

3. Technical Approach 20 points

4. Management Plan 10 points

5. Personnel 5 points

6. Warehousing and Distribution 5 points

V. Products Production & Development 5 points

8. References 5 points
9. Capability 5 points

The first seven factors related to the specific proposal submitted by the vendor, and the last two were related to the vendor itself.

The USPS received proposals from three vendors: plaintiff, the Ensemble Company (“intervenor”), a subsidiary of Hallmark Cards, Inc. (“Hallmark”), and Rand-Whitney Container, LLP. The USPS Headquarters and field unit members comprised an evaluation team of six members who independently reviewed and reported on each proposal.2 Daniel J. Barrett was the liaison between the evaluation team and the Contracting Officer, Kathleen Burt.

Each of the USPS evaluation team members completed an individual evaluation of each proposal. The team then met and drafted a consensus report for each proposal. The draft report totaled the five individual scores, resulting in the following totals (with a maximum of 500 points):

Ensemble — [ ] points

Rand Whitney — [ ] points

T & S — [ ] points

After the draft report was completed, however, the team realized that plaintiff had proposed a level of service and price that was different than the levels proposed by in-tervenor and Rand-Whitney. These differing levels made comparison of the proposals difficult. In an e-mail transmission dated February 24, 2000, Mr. Barrett asked Contracting Officer Burt to address this issue.

[103]*103In the meantime the evaluation team performed site visits. In letters to all three vendors dated March 6, 2000, the contracting officer stated that the purpose of the site visit was “to confirm and validate the respondent’s capabilities through a process of inspection, observation, and information gathering.” The team performed site visits for each vendor during the week of March 13, 2000. When performing Ensemble’s site visit, the team visited Hallmark’s Retail Support Center and visited two Hallmark distribution centers.

The USPS then issued two amendments to the solicitation on April 11, 2000, and April 13, 2000, respectively. These amendments sought to standardize the requirements for service under factor one, “Level of Service Response,” so that the vendors’ proposals could be compared. The proposal submission instructions stated that “[a]ll other Tabs3 and associated scorings within the original solicitation package will remain as originally proposed.”

After the site visits and amendments, the three vendors submitted revised proposals directed to the amendments. The proposals were rescored by the evaluation team. After this reseoring, during the week of May 15, 2000, via e-mail, the team made final adjustments to Packaging Products Final Proposal Evaluation Summary. On May 26, 2000, the contracting officer sent intervenor a list of weaknesses that the evaluation team had identified in its proposal. On June 1, 2000, intervenor’s representatives met with Contracting Officer Burt to discuss the list of weaknesses. On June 2, 2000, the evaluation team issued the Packaging Products Final Proposal Evaluation Summary, which was the team’s final report on the solicitation results. Intervenor responded to the list of weakness formally with a letter dated June 7, 2000. On June 16, 2000, the contracting officer issued a determination that intervenor provided the best value to the USPS. On June 26, 2000, the USPS awarded the contract to intervenor.

On July 24, 2000, plaintiff filed the instant action seeking injunctive and declaratory relief. The complaint alleges that the selection of intervenor was arbitrary, capricious, and contrary to regulations and that the USPS “violat[ed] the law.” Compl. filed July 24, 2000, 11116, 7. On July 24, 2000, plaintiff also requested a temporary restraining order enjoining the USPS from proceeding with performance of the contract.

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Bluebook (online)
48 Fed. Cl. 100, 2000 U.S. Claims LEXIS 217, 2000 WL 1578002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/t-s-products-inc-v-united-states-uscfc-2000.