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B-266041 1 (1996-01-25)

handle is hein.gao/gaocrptadtw0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: HHI Corporation File: B-266041; B-266041.2 Date: January 25, 1996 Jack W. Reed, Esq., Peterson, Reed, L.L.C., for the protester. Vera Meza, Esq., Department of the Army, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly relaxed requirements--(1) that offered demisters have emissions certification at time of proposal submission, and (2) that manufacturer has had demisters of similar capacity in operation for 5 years--by accepting for award a demister that does not meet these requirements, is denied where protester has not established competitive prejudice as a result of the waiver. DECISION HHI Corporation protests the award of a contract to D.L. McLaughlin Co., Inc., under request for proposals (RFP) No. DAAC01-95-R-0015, issued by the Department of the Army for the repair of two chrome line ventilation systems. HHI asserts that McLaughlin's offered system did not meet the material requirements of the solicitation. We deny the protest. Offerors were required to supply two demisters, one with a capacity of 22,500 cubic feet per minute (cfm) and a second with a capacity of 56,000 cfm. After receiving and evaluating best and final offers, the Army awarded the contract to McLaughlin as the lowest-priced, technically acceptable offeror. (McLaughlin's price was $866,231; HHI's was $973,343.) The solicitation required offerors to furnish with their offers technical literature to show that the demister used for the ventilation system and all component parts met or exceeded specified federal and California state emission standards. The solicitation further stated that proof of compliance was either the label or listing of the Environmental Protection Agency or cognizant California agency, or a written certificate from any approved, nationally recognized testing organization. The solicitation also required offerors to submit proof that demisters of capacity similar to that specified in the RFP had been installed by the manufacturer or its 838125

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