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B-277051 1 (1997-08-22)

handle is hein.gao/gaocrptagau0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Voith Hydro, Inc. File: B-277051 Date: August 22, 1997 Michael Fischer, Esq., Timothy J. Saviano, Esq., Foley & Lardner, for the protester. Sherry K Kaswell, Esq., and Justin P. Patterson, Esq., Department of the Interior, for the agency. John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where, although offeror indicated its intent to manufacture required items in a new plant, which the agency considered would give rise to unacceptable risk and therefore constituted the primary weakness in the firm's proposal, the agency failed to raise in discussions its concerns about use of that plant. DECISION Voith Hydro, Inc. protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. 1425-96-SP-10-13640, issued by the Department of the Interior for 18 hydraulic-turbine runners for the Grand Coulee Dam Powerplant. We sustain the protest based on our conclusion that Interior failed to conduct meaningful discussions. As amended, the RFP required that each offeror's technical proposal be submitted as a separate volume of the proposal and include detailed information of the proposed manufacturing method and facilities to be used during the runner replacement and turbine rehabilitation work ... . The technical volume of Voith's initial proposal did not state the manufacturing facility the firm would use. After receipt and evaluation of initial proposals, the agency created a competitive range including Voith's proposal. By letter of February 12, the contracting officer informed Voith that its proposal was in the competitive range and provided the firm with questions and comments concerning the proposal, including: Where will the runners be manufactured? Please provide information on the manufacturing

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