L.A. Systems, Inc., B-276349, June 9, 1997

B-276349 Jun 09, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest that agency improperly issued delivery order for robotics tape library system that failed to meet stated requirements is denied where the requirements were relaxed but the record establishes that there is no reasonable possibility that the protester was prejudiced by the relaxation. Or other agency contracts to which DITCO is an authorized ordering activity. The tape library system was also required to be able to direct datasets to any of the supported device or media types without job control language (JCL) changes. Award was to be made on the basis of "best value procedures.". Nine price quotations were received from seven vendors. Discussions were held with all vendors except L.A. because it was determined that only L.A's. quoted system was responsive to the salient characteristics. View Decision Matter of: L.A. Systems, Inc. File: B-276349 Date: June 9, 1997 DIGEST Attorneys DECISION L.A. Systems, Inc. protests the issuance of delivery order No. DCA200-97-F-1265 to Severn Companies, Inc., against General Services Administration (GSA), Federal Supply Schedule (FSS) contract as the result of a request for pricing (RFPr) issued by the Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization (DITCO), for a robotics tape library system to be used at the Defense MegaCenter Sacramento. L.A. asserts that Severn's system does not satisfy several salient characteristics set forth in the RFPr. We deny the protest. The RFPr, as amended, requested pricing for items available on GSA schedules, existing indefinite delivery, indefinite quantity (ID/IQ) contracts, or other agency contracts to which DITCO is an authorized ordering activity. The RFPr listed several salient characteristics with respect to the robotics/tape cartridge capacity, tape drives, and host connectivity. The specifications required, among other things, that the tape cartridge provide access to any tape transport for any tape cartridge in the system; that it read and write in 36-track format and read 18 track format; and that the system consist of 4 control units and 16 cartridge drives. The RFPr provided that this requirement could be met by upgrading either the existing StorageTek or International Business Machines (IBM) equipment, but not both. The tape library system was also required to be able to direct datasets to any of the supported device or media types without job control language (JCL) changes. Award was to be made on the basis of "best value procedures." Nine price quotations were received from seven vendors. After technical review, discussions were held with all vendors except L.A. because it was determined that only L.A's. quoted system was responsive to the salient characteristics. The discussion responses were evaluated by the DITCO evaluators and an independent third party evaluator, and the agency determined that Severn's alternate quotation #1 offered a technically superior solution at the lowest price. Severn proposed a mix of IBM 3490 Enhanced Technology Drives (36 track) and IBM 3590 Magstar Technology Drives (128 track). On February 18, 1997, DITCO issued a delivery order to Severn under Seven's GSA FSS, which, while designated a "best value decision," was actually a low price-driven determination. On February 27, L.A. filed this protest with our Office contending that DISA had accepted nonconforming equipment. The agency maintains that it accepted the best solution based on the lowest overall cost and that the Severn solution met or exceeded agency requirements. [1] L.A. maintains that four of the listed salient characteristics are not satisfied by the Severn proposed solution, and that by issuing the delivery order to Severn, DISA relaxed these specifications for Severn but not for L.A. L.A. maintains that Severn's use of the IBM magstar cartridge prevents compliance with the following specifications: "access to any tape transport for any tape cartridge in the system," requirement that the tape drives read and write in 36 track format and read 18 track format, requirement for 16 cartridge drives transport and 4 control units, and requirement that the system be able to direct datasets to any of the supported device or medial types without JCL changes. L.A. asserts that if Severn's materially nonconforming equipment was viewed as satisfying DISA's needs, L.A. should have been permitted to revise its offer to satisfy the relaxed specifications. L.A. claims that it was prejudiced by DISA's actions because if L.A.