Network Engineering, Inc.

B-272380 Sep 16, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The awardee's proposed card printer reasonably satisfied a requirement for upgradeable printer memory since it is possible to upgrade the printer's memory by replacing the printer's programmable read-only memory module. The protester contends that the awardee's proposal was technically unacceptable because its proposed printer did not comply with the specifications. Which was issued on April 22. The card systems were to produce identification cards featuring. Each card system was to include an image-capturing device such as a video camera. The RFP was issued after FEMA terminated a contract awarded to NEI after ITC successfully protested the award to our Office. Both NEI and ITC were found to have submitted technically acceptable BAFOs. View Decision Matter of: Network Engineering, Inc. File: B-272380 Date: September 16, 1996 In a procurement for computerized photographic identification card systems, the awardee's proposed card printer reasonably satisfied a requirement for upgradeable printer memory since it is possible to upgrade the printer's memory by replacing the printer's programmable read-only memory module. An agency reasonably accepted the awardee's general statement of compliance with a solicitation requirement, notwithstanding that the solicitation called for descriptive literature, since the agency also accepted a similar statement of compliance from the protester and thus treated both offerors equally. Attorneys DECISION Network Engineering, Inc. (NEI) protests the award of a contract for computerized photographic identification card systems to Imaging Technology Corporation (ITC) under request for proposals (RFP) No. EMW-96- RP-0019, issued by the Federal Emergency Management Agency (FEMA). The protester contends that the awardee's proposal was technically unacceptable because its proposed printer did not comply with the specifications. We deny the protest. The RFP, which was issued on April 22, 1996, sought proposals for 15 computerized photographic identification card systems, including training, maintenance and warranty services, on a firm, fixed-price basis. The card systems were to produce identification cards featuring, among other things, the employee's photograph, personal information, signature, and the FEMA seal. Each card system was to include an image-capturing device such as a video camera; an IBM-compatible computer, 486 series or better; a DOS operating system, 6.0 series or higher; a commercially available data base; all necessary cables, wiring, and equipment accessories; and a printer. The RFP provided for award based upon the low-priced, technically acceptable proposal. The statement of work (SOW) included 38 requirements that the offered system must meet in order to be considered technically acceptable; the requirements included both design and performance specifications. The RFP required offerors to submit descriptive literature demonstrating their system's compliance with the SOW requirements. The RFP was issued after FEMA terminated a contract awarded to NEI after ITC successfully protested the award to our Office. See Imaging Technology Corp., B-270124, Feb. 12, 1996, 96-1 CPD para. 68. NEI, ITC, and three other firms submitted proposals in response to the RFP by the May 10, 1996, receipt date. NEI's proposed card system included the ImageCard II Plus printer manufactured by DataCard Corporation. ITC's proposed card system included the Persona II printer manufactured by Fargo Electronics, Inc. FEMA included NEI's and ITC's proposals in the competitive range, conducted two rounds of discussions, and received best and final offers (BAFO). Both NEI and ITC were found to have submitted technically acceptable BAFOs. As NEI's price was $326,233.10 and ITC's price was $292,697.67, FEMA awarded the contract to ITC. NEI contends that ITC's proposed printer does not meet three SOW requirements, and that FEMA therefore should have rejected ITC's proposal as technically unacceptable and awarded the contract to NEI. NEI first protests that the printer proposed by ITC does not meet the SOW requirement that "[p]rinter memory must be field upgradeable." In its proposal, ITC stated that, "The printer supplied with the system uses very little memory installed in the printer, therefore there is no need or advantage to adding any additional memory to the printer. ITC has configured the printers that will be supplied with the systems with the maximum memory. All card preparation is performed by the host computer." NEI interprets ITC's response as a concession that the memory in its printer is fixed and cannot be upgraded, either in the field or elsewhere. The record, including testimony received at a hearing conducted by our Office, reflects that the Fargo Persona II printer proposed by ITC contains 512 kilobytes of random access memory (RAM).