T-L-C Systems, B-285687.2, September 29, 2000

Case: B-285687.2 Agency: Protester: T Date: 2000-09-29 Sustained
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B-285687.2 Sep 29, 2000 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights T-L-C contends that the order was improperly placed with Monaco and that T-L-C should have received the award since it submitted the low-priced. The RFQ was issued to several FSS vendors. Which do not have FSS contracts. /2/ Only Monaco. That award to Monaco was in the government's best interest because only Monaco's complete system could be purchased under its FSS contract. Upon investigation only one company is under GSA contract. Approximately eight GSA vendors were called to see if they had equipment like what we needed. One vendor was found that could provide a complete System. Two other offers were received but were not under GSA Schedule. 3. The advantages of Monaco are that they will provide complete turnkey system. View Decision Matter of: T-L-C Systems File: B-285687.2 Date: September 29, 2000 DIGEST Attorneys DECISION T-L-C Systems protests the issuance of an order to Monaco Enterprises, Inc. under Monaco's General Services Administration (GSA) Federal Supply Schedule (FSS) contract No. GS-07F-7832C pursuant to request for quotations (RFQ) No. DAHA1300T6057, issued by the Department of the Army, Iowa Army National Guard, for the delivery and installation of a radio frequency fire alarm communication system. T-L-C contends that the order was improperly placed with Monaco and that T-L-C should have received the award since it submitted the low-priced, technically acceptable quote under the RFQ. We sustain the protest. The RFQ solicited quotes for a radio frequency fire alarm communication system, Monaco model D-700 or approved equal, for 25 buildings at the 185th Fighter Wing, Sioux City, Iowa and 4 buildings at the 133rd Air National Guard, Fort Dodge, Iowa. The RFQ's statement of work (SOW) provided that the "[s]ystem shall include a central radio alarm receiving/processing unit consisting of computer, monitor, printer, radio frequency modulator and uninterruptable power supply; remote transmitters, antennas, lightning arrestors, enclosures and coax cables." The SOW also required the system at Fort Dodge to include telephone dialers that "[u]pon activation . . . would send an alarm message to the alarm shop and the central radio alarm receiving/processing unit in Sioux City." See Agency Report, Tab 20, SOW. The RFQ was issued to several FSS vendors, including Monaco, listed in the FSS covering radio frequency fire alarm systems, /1/ as well as to two vendors, including T-L-C, which do not have FSS contracts. /2/ Only Monaco, T-L-C, and the other non-FSS vendor submitted quotes in response to the RFQ. The vendors submitted technical responses to the RFQ describing their proposed systems, including part numbers, with T-L-C submitting the lowest-priced quote at $121,464.97, Monaco the next lowest quote at $145,000.56, and the other non-FSS vendor with a quote of $164,440. Agency Report, Tab 6. After a technical review of the proposals, the Army found all three quotes met the agency's requirements, but that award to Monaco was in the government's best interest because only Monaco's complete system could be purchased under its FSS contract. In this regard, the memorandum of record of the evaluation stated: 1. The technical review found all quotes to meet the governments requirements. Upon investigation only one company is under GSA contract. The IOWA AIR NATIONAL GUARD Contracting Officer believes that Monaco offers the best value at the lowest price under GSA. 2. Approximately eight GSA vendors were called to see if they had equipment like what we needed. One vendor was found that could provide a complete System. Two other offers were received but were not under GSA Schedule. 3. The advantages of Monaco are that they will provide complete turnkey system. We do not have to supply any products, which is a time saver for us. . . . /3/ 4. I believe that it is in the best interest of the Government to award a Delivery Order to Monaco System. Agency Report, Tab 10, Memo For Record (May 23, 2000). Therefore, the Army placed an order with Monaco under its FSS contract. See Agency Report, Tab 9. This protest followed. /4/ T-L-C protests the Army's decision to make award to Monaco under the RFQ because T-L-C submitted the low-priced acceptable quote and not all of Monaco's system is available from Monaco's FSS contract as represented by the Army; specifically T-L-C notes that several critical parts making up the system are not contained in Monaco's FSS contract, yet were included in the FSS order. See Protester's Comments, Tab 15, at 1. In response, the Army admits that certain items included in Monaco's FSS contract order, specifically 4 dialers, 4 single line surge protectors, 2 D-700 support kits, and 25 lightning arrestors, the prices for which total $18,801.92, were (and are) not part of Monaco's FSS contract.

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