OPA Appeal No. BP-A014 (PSS IFB No. 97-0019) Decision on Appeal of Torres Refrigeration, Inc.

Summary

Appeal filed contesting award of contract under an IFB for the delivery of air conditioning units for PSS. This procurement was originally solicited by PSS but cancelled on appeal by OPA. The re-solicitation of bids changed the specifications to suit the actual minimum needs of the government. Four bids were submitted.  The review committee selected the lowest responsible and responsive bidder.  Appellant was not selected.  Appeal based on improper review and selection process and failure to investigate conflict of interest of one of selection committee.  Held: evaluation of bids based on criteria beyond the technical specifications resulted in flawed evaluation; appellant failed to present any evidence of conflict of interest of the member of selection committee; under IFB, committee need not evaluate all bids for responsiveness, only required to determine lowest responsive and responsible bidder.  Contract awarded must be terminated and AC units installed must be removed.