Digital Systems Group, Inc., B-286931; B-286931.2, March 7, 2001
Case: B-286931
Agency:
Protester: Digital Systems Group, Inc., B
Date: 2001-03-07
Denied
Digital Systems Group, Inc., B-286931; B-286931.2, March 7, 2001
TITLE: Digital Systems Group, Inc., B-286931; B-286931.2, March 7, 2001
BNUMBER: B-286931; B-286931.2
DATE: March 7, 2001
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Digital Systems Group, Inc., B-286931; B-286931.2, March 7, 2001
Decision
Matter of: Digital Systems Group, Inc.
File: B-286931; B-286931.2
Date: March 7, 2001
Robert G. Fryling, Esq., and Edward J. Hoffman, Esq., Blank Rome Comisky &
McCauley, for the protester.
J. Andrew Jackson, Esq., and Tina D. Reynolds, Esq., Dickstein, Shapiro,
Morin & Oshinsky, for Oracle Corporation, the intervenor.
Maria G. Bellizzi, Esq., General Services Administration, for the agency.
Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protester's allegation that the evaluation of its technical proposal as
posing a "high" risk contradicts the rating of its cost proposal as "low"
risk is denied, where the record shows that technical and cost proposals
were rated separately by different evaluation teams which considered
different factors, and the different ratings merely reflect the independent
judgments of the evaluators and are reasonably supported by the record.
2. Agency was not required to conduct discussions regarding two weaknesses
identified in the protester's proposal regarding its past performance since
the two weaknesses (which pertained to only 2 out of 20 performance
questionnaire items) were not considered significant, and protester's
performance record was rated acceptable overall. Agencies are not required
to point out every element of acceptable proposals that receive less than
the maximum evaluation rating.
3. Protester's allegation that the agency improperly conducted discussions
is denied, where the record shows that during several rounds of discussions,
the agency reasonably led the protester into areas of its proposal requiring
revision, and the protester's failure to make those revisions because it
feared jeopardizing its favorable cost rating reflected its own business
judgment, rather than any improper agency action.
4. Discussions with offeror whose otherwise acceptable proposal took
exception to certain solicitation requirements were unobjectionable where
agency reasonably determined that proposal could be made acceptable through
discussions and that exceptions were primarily the result of defects in
solicitation; ultimate decision to amend the solicitation to cure defects
was unobjectionable since agency advised all offerors of the changed
requirements and all offerors responded to the amended solicitation in final
proposals.
5. Allegation that contracting officer's (CO) multiple roles impermissibly
compromised his independence is denied, where there is no evidence in the
record that the CO had any influence over the evaluation of technical or
cost proposals, or that the CO's carrying out of his responsibilities in any
way compromised the source selection.
DECISION
Digital Systems Group, Inc. (DSG) protests the issuance of a blanket
purchase agreement (BPA) to Oracle Corporation under request for quotations
(RFQ) No. TFW-00-0002, issued by the General Services Administration (GSA),
FTS/Financial Management Systems Services Center, for an integrated
financial management system for the Peace Corps. DSG challenges the issuance
of the BPA on several grounds, including that GSA unreasonably evaluated its
technical and cost proposals; failed to conduct adequate discussions with
DSG; improperly failed to provide DSG with an opportunity to comment on
allegedly negative past performance information obtained from one reference;
and improperly conducted multiple rounds of discussions to favor Oracle. DSG
also challenges the contracting officer's role in the procurement and
contends that the cost/benefit tradeoff decision was not adequately
justified.
We deny the protest.
BACKGROUND
The RFQ, issued on April 21, 2000, contemplated that GSA would issue a BPA
for the acquisition of an integrated financial management system, for a base
year with up to nine 1-year options. Agency Report (AR) exh. 1, RFQ sect.sect. B.1,
B.5.1, sect. L.19. [1] The RFQ stated that the objective was to procure a fully
integrated financial management system supporting all of the Peace Corps's
financial management and business processes. Id. sect.sect. C.2, C.2.1, at C-11,
C-12.
Vendors were required to submit separate technical and cost proposals, id.
sect. L.2., and were to provide fixed prices for software, maintenance,
training, and documentation (i.e., products), and fixed hourly rates for
technical assistance (i.e., services); the Peace Corps would issue task
and/or delivery orders based on this price list.
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