Protest that agency should have
considered the clean-up costs associated with using one firm's
fire retardant in determining the lowest bidder is denied where
solicitation did not advise prospective bidders that agency
would evaluate such costs; solicitations must expressly indicate
any price-related factors (other than bid price) that agency
intends to evaluate for award purposes. (Hunot
Fire Retardant Company, B-286679.2, May 21, 2001)
We find nothing objectionable in
the agency's approach to calculating the distance to American's
shipyard. As indicated, the only purpose of adding cost factors
to the bids was to ensure that the evaluated bid prices fully
reflected the agency's total costs associated with performance
of the contract. Although the record indicates that the Attu
likely would follow the longer route charted by Otech in sailing
to American's shipyard, Affidavit of John W. Yager, Apr. 14,
2000, the additional distance is attributable solely to the
agency's decision to satisfy mission requirements when a vessel
travels to certain commercial shipyards for repairs; the
additional distance has nothing to do with the performance of
the vessel repair contract. This being the case, there is
nothing unreasonable in the agency's excluding the additional
mileage from its distance calculations, on the basis that
mileage that has nothing to do with performance of the vessel
repair contract should not affect the price evaluation. (Ocean
Technical Services, Inc., B-284745, May 22, 2000)
However, when a solicitation
lacks accurate foreseeable costs, the agency cannot determine
whether award to one firm versus another will result in a lower
cost to the government. See Hoechst Marion Roussel, Inc.,
B-279073, May 4, 1998, 98-1 CPD para. 127 at 3 (protest
sustained where solicitation for drugs did not state accurate
dosage estimates); Beldon Roofing & Remodeling Co.,
B-277651, Nov. 7, 1997, 97-2 CPD para. 131 at 7 (protest
sustained where solicitation for roofing work lacked accurate
quantity estimates). (Todd
Pacific Shipyards Corporation, B-281383, February 1, 1999)
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