Card Technology Corporation

Card Technology Corporation BNUMBER: B-275385; B-275385.2 DATE: February 18, 1997 TITLE: Card Technology Corporation ********************************************************************** Matter of:Card Technology Corporation File: B-275385; B-275385.2 Date:February 18, 1997 Michael A. Hordell, Esq., and Laura L. Hoffman, Esq., Gadsby & Hannah, for the protester. David S. Cohen, Esq., Cohen & White, for DataCard Corporation, an intervenor. Jeanne A. Anderson, Esq., Department of Veterans Affairs, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Award of purchase order for printers to Federal Supply Service (FSS) vendor without providing protester an opportunity to compete was proper where agency determined that only one printer was compatible with the system with which it was to operate, and protester does not submit any evidence showing that it offers a compatible printer listed on the FSS. DECISION Card Technology Corporation protests the Department of Veterans Affairs (VA) issuance of purchase order Nos. A64026 and 101-C67065 to DataCard Corporation for Image Card II color printers under its General Services Administration (GSA) Federal Supply Schedule (FSS) contract. Card Technology also challenges the award to DataCard under its FSS contract pursuant to request for quotations (RFQ) No. 101-18-96, for a Veterans Identification Card (VIC) system. We deny the protests. On August 13, 1996, the VA issued the RFQ to three FSS vendors capable of providing the VIC system. The RFQ set forth minimum and maximum quantities, as well as the agency's current known requirements for readers, reader/writers, and plastic cards. Two offerors--DataCard and Card Technology--submitted quotations, and the agency made award to DataCard based on its low price ($7,187,947.60 versus $8,688,260.70 for Card Technology). Subsequently, the VA identified a need for color printers, pop-up keyboards, and service and support to modify DataCard supplied software and to reinstall and relocate DataCard equipment at certain VA facilities, and issued the two purchase orders to DataCard for these requirements. Card Technology maintains that it was improper for the VA to purchase Image Card II color printers from DataCard under its FSS contract without providing Card Technology an opportunity to compete for the requirement. The FSS program managed by GSA provides agencies with a simplified process for obtaining commonly used supplies and services at prices associated with volume buying. Federal Acquisition Regulation (FAR) sec. 8.401(a). When placing an order under a schedule contract, the procuring agency is not required to seek further competition, synopsize the solicitation or award, or to determine separately fair and reasonable pricing, since the planning, solicitation, and award phases of the FSS comply with FAR requirements. FAR sec. 8.404(a). When ordering from the FSS, the determination of the agency's minimum needs and which product meets those needs is the agency's responsibility; the agency may consider such factors as special features of one item not provided by comparable items which are required for effective program performance. FAR sec. 8.404(b)(2)(ii)(A). We will only review this determination for reasonableness. Design Contempo, Inc., B-270483, Mar. 12, 1996, 96-1 CPD para. 146. The VA states that it purchased the Image Card II printers under DataCard's FSS contract because it required a printer that was compatible with the DataCard VIC system it had purchased (under the RFQ), and it was not aware that any other printer would interface with the DataCard system. More specifically, the agency's project manager for the VIC project states that, "[b]ased on our review of the technical manuals, our experience with the hardware and software, and routine discussions with DataCard during installation and set-up of their equipment, it appears that the interface between the QuickWorks workstation and the printers/embossers is non-standard and proprietary to DataCard. Though the software runs on a standard personal computer and connects via a standard cable, the actual data being sent over that cable is formatted in such a way that only Data Card printers understand its meaning. To the best of my knowledge, there are no other printers available that conform to this special interface."[1] The protester does not dispute that the agency's minimum need is for a color printer that is compatible with the DataCard VIC system; it asserts only that it can provide a compatible printer.