Elementar Americas, Inc., B-282698, July 16, 1999

B-282698 Jul 16, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Agency reasonably determined protester's quotation was technically unacceptable where solicitation required submission of descriptive literature to establish that offered equipment met the performance specifications. Protester submitted only general technical information that did not show that all requirements were met. That EPA should have issued the purchase order to Elementar. A combined synopsis/solicitation using simplified acquisition procedures was posted on the electronic version of the Commerce Business Daily Internet web site on March 30. At issue here is the performance specification for "[o]ne (1) autobalance capable of measuring microgram quantities." /1/ Id. at 1. The solicitation provided that a purchase order would be issued to the responsible vendor whose quotation was most advantageous to the government and listed two evaluation factors. View Decision Matter of: Elementar Americas, Inc. File: B-282698 Date: July 16, 1999 DIGEST Attorneys DECISION Elementar Americas, Inc. protests the issuance of a purchase order to Perkin Elmer under request for quotations (RFQ) No. OH-99-00114, issued by the Environmental Protection Agency (EPA) for an elemental analyzer system to be used at the agency's National Risk Management Research Laboratory in Cincinnati, Ohio. The protester contends that it quoted a lower price than Perkin Elmer and, therefore, that EPA should have issued the purchase order to Elementar. We deny the protest. A combined synopsis/solicitation using simplified acquisition procedures was posted on the electronic version of the Commerce Business Daily Internet web site on March 30, 1999, to obtain a commercial elemental analyzer system with related equipment including an autobalance, data storage device, and printer. Agency Report, Tab A; Legal Memorandum at 1. The RFQ identified 12 minimum performance specifications and requirements, and required vendors to provide descriptive literature in sufficient detail to demonstrate that the offered equipment meets those stated requirements. Id. at 2. At issue here is the performance specification for "[o]ne (1) autobalance capable of measuring microgram quantities." /1/ Id. at 1. The solicitation provided that a purchase order would be issued to the responsible vendor whose quotation was most advantageous to the government and listed two evaluation factors--technical capability of the items offered to meet the agency requirements, and price. Id. at 2. Four quotations were received, ranging from Elementar's low quote of $40,547.49 to a high quote of $44,518.13. Agency Report, Tab E, Memorandum from Contract Specialist to The File (Apr. 28, 1999). Elementar identified a Sartorius M5P electronic autobalance as part of its proposed analyzer system but did not include descriptive literature for the Sartorius equipment. However, the protester's quotation stated that the Sartorius autobalance has readability to 0.002 mg (i.e., 2 micrograms). Agency Report, Tab B, Elementar Quotation, at 2. Perkin Elmer submitted the second low price of $40,682.72 for its Model 2400 Series II with an autobalance capable of weighing samples to a resolution of 0.001 mg. Agency Report, Tab C, Perkin Elmer Quotation. The agency evaluator reviewed the technical portion of each quotation, and based on this review, he determined that the proposed Elementar autobalance with readability of 0.002 mg failed to meet the requirement for measuring microgram quantities to the level of 0.001 mg (i.e., 1 microgram). Agency Report, Tab D, Technical Evaluation of Elemental Analyzer Systems. The other three quotations proposed analyzer systems that were evaluated as meeting all the performance requirements in the solicitation. On April 29, the EPA issued the purchase order to Perkin Elmer on the basis that it submitted the lowest-priced, technically acceptable quotation. Elementar filed an agency-level protest on May 4, challenging the evaluation on various grounds that are repeated in this protest. The agency denied Elementar's protest on May 7, and this protest to our Office followed. Elementar argues that the Sartorius autobalance it offered has a readability of 0.001 mg and thus satisfies the performance requirement at issue, and that the reference in its quotation to 0.002 mg was a typographical error. Protest at 1. The protester claims that Sartorius, "one of the world's leading manufacturers of microgram balances does not even produce one with the specification of 0.002 mg readability." Id. Nor is it aware, the protester states, of any manufacturer that makes this type of autobalance with readability of 0.002 mg. Id. Simplified acquisition procedures are designed to, among other things, reduce administrative expenses, promote efficiency and economy in contracting, and avoid unnecessary burdens for agencies and contractors. Federal Acquisition Regulation (FAR) Sec. 13.002.