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B-276077 1 (1997-05-09)

handle is hein.gao/gaocrptafxh0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Staber Industries, hie. File: B-276077 Date: May 9, 1997 James E. Staber II for the protester. Marie Adamson Collins, Esq., General Services Administration, for the agency. Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation's life cycle cost (LCC) evaluation formula should include water and detergent consumption cost factors for washing machines is denied, since (1) there is no statutory or regulatory requirement that such a factor be used, (2) the agency has not yet determined whether consideration of those costs is feasible or, if so, what factor should be used, and (3) the existing LCC formula was formulated using data from Department of Energy regulations applicable to washing machines. DECISION Staber Industries, Inc. protests provisions of invitation for bids (IFB) No. 6FES-B1- 96B102-S, issued by the General Services Administration for indefinite quantities of clothes washers, drying tumblers, and dishwashing machines. We deny the protest. The IFB, which contemplates award of a fixed-price requirements contract, contains specifications and estimated quantities for 21 different types of machines. Bid prices for the machines are to be evaluated to determine life cycle cost (LCC) using formulas provided in the solicitation. For this purpose, bidders are required to provide energy consumption data for each offered machine. Award is to be made on an item-by-item basis to the firm submitting the lowest acceptable evaluated price for each item. Staber maintains that the IFB's LCC formula for clothes washers will not accurately measure cost (specifically as to line items 43-45) because, although it factors in energy cost, it fails to take into account the cost of water and detergent consumption. Staber asserts that the formula therefore contravenes Executive Order No. 12902, Energy Efficiency and Water Conservation at Federal Facilities, March 8, 1994, 59 Fed. Reg. 11463 (1994) (hereinafter EO 12902), and the Energy

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