Computer Associates International, Inc., B-292077.2, September 4, 2003

B-292077.2 Sep 04, 2003 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Computer Associates International, Inc. (CA) protests the terms of request for quotations (RFQ) No. RFQ-OPPM-3-1007VT, issued by the Office of Procurement and Property Management, Department of Agriculture (USDA), for quotes from Federal Supply Schedule (FSS) vendors for tchange managementv software. CA argues that the solicitation is defective in that it fails to set forth the agencyFs minimum requirements, and that the amended solicitation improperly precludes vendors from revising their technical quotes to address the agency's allegedly unstated minimum requirements. We deny the protest. View Decision B-292077.2, Computer Associates International, Inc., September 4, 2003 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Computer Associates International, Inc. File: B-292077.2 Date: September 4, 2003 Claude P. Goddard, Jr., Esq., J. Michael Littlejohn, Esq., J. William Eshelman, Esq., and Elizabeth M. Gill, Esq., Wickwire Gavin, P.C., and James M. Black, Esq., Computer Associates International, Inc., for the protester. Marion T. Cordova, Esq., Department of Agriculture, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protesters argument that the solicitation is defective in that it fails to set forth the agencys actual minimum requirements is in essence a challenge to the evaluation of vendor responses, and thus is premature where award has not yet been made. 2. Corrective action taken by the agency in response to a suspected procurement impropriety is unobjectionable where the agency has a reasonable basis for restricting the scope of revisions that vendors may make to their quotes, and the agencys corrective action resolves the suspected impropriety. DECISION Computer Associates International, Inc. (CA) protests the terms of request for quotations (RFQ) No. RFQ-OPPM-3-1007VT, issued by the Office of Procurement and Property Management, Department of Agriculture (USDA), for quotes from Federal Supply Schedule (FSS) vendors for change management software. CA argues that the solicitation is defective in that it fails to set forth the agencys minimum requirements, and that the amended solicitation improperly precludes vendors from revising their technical quotes to address the agencys allegedly unstated minimum requirements. We deny the protest. The RFQ, initially issued on December 13, 2002, requested quotes from three FSS vendors, including CA, for a change management software product, to include installation, configuration, training, and maintenance, for use at the USDA National Finance Center, New Orleans, Louisiana, and the National Information Technology Center, Kansas City, Missouri. The solicitation informed vendors of the various computer platforms and operating systems upon which the change management software would be installed, and advised that [i]t is only essential that the functional requirements [of the proposed software] be satisfied in the same manner for each participating platform. RFQ at 5. The RFQ contemplated the issuance of a fixed-price purchase order for a 3-year period of performance. The solicitation also established three evaluation factors in descending order of importance: price, technical merit, and corporate experience. Award was to be made to the responsible vendor whose quote conformed to the solicitation and provided the overall best value to the agency, based on consideration of all factors. The agency received three quotes, including a quote from CA, by the January 6, 2003, closing date. A technical evaluation team (TET) evaluated vendors technical quotes using a numeric rating system. Following both the technical and price evaluation of quotes, USDA determined that the quote of another vendor, Merant/Northrop Grumman Computing Systems, Inc., represented the best overall value. On March 13, following a debriefing by the agency, CA filed a protest with our Office, essentially raising three issues: (1) the agency improperly evaluated CAs technical quote, by employing the use of an unstated minimum requirement for an integrated multiple platform support solution; (2) the agency improperly evaluated CAs price quote; and (3) the agency failed to follow the solicitations stated source selection criteria and failed to make a proper best value determination. Initial Protest at 2, 8-12. On April 8, the agency notified our Office of its intent to take corrective action in response to CAs protest.