OPA Appeal No. BP-A016 (CUC RFP 97-0025) In RE Appeal of Pacific Marine and Industrial Corp. & Ogden Energy, Inc.

Summary

Appeal by proposer on RFP for on the 80 MW Saipan power plant. Proposer excluded from competitive range offerors.  Protest and appeal challenging exclusion was not in compliance with CUC’s procurement regulations. Held: CUC regulations do not support arbitrary “cut off” to determine whether party is “reasonably susceptible of award,” methodology employed by CUC to evaluate proposals did not adequately compare strengths and weaknesses of different proposals, to determine which proposals are reasonably susceptible of award must compare strengths and weaknesses of each proposal against one another.  CUC ordered to re-evaluate proposals in compliance with the requirements of CUC’s procurement regulations, and reinstate in the competition those which should qualify but were earlier excluded from the competitive range.