Computer Associates International, Inc., B-292077.3, B-292077.4, B-292077.5, January 22, 2004
Case: B-292077.3
Agency:
Protester: Computer Associates International, Inc., B
Date: 2004-01-22
Denied
Computer Associates International, Inc., B-292077.3, B-292077.4, B-292077.5, January 22, 2004
TITLE: Computer Associates International, Inc., B-292077.3, B-292077.4, B-292077.5, January 22, 2004
BNUMBER: B-292077.3, B-292077.4, B-292077.5
DATE: January 22, 2004
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Decision
Matter of: Computer Associates International, Inc.
File: B-292077.3, B-292077.4, B-292077.5
Date: January 22, 2004
Claude P. Goddard, Jr., Esq., J. Michael Littlejohn, Esq., J. William
Eshelman, Esq., and Elizabeth M. Gill, Esq., Wickwire Gavin, 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. Under a request for quotations issued in a competitive procurement
under the Federal Supply Schedule, protest that the agency improperly made
award based on a price discount that had expired by the terms of the
vendor's quotation is denied as the vendor's submission was not an offer
to which the standard for expired bids generally applies.
2. Protest that the evaluation method used by the agency for the
evaluation of vendors' quotations was arbitrary is denied where the
evaluation method used was reasonable.
3. Protest that the agency failed to evaluate vendors' quotations
consistent with the stated evaluation criteria is denied where the record
fails to show that the protester was competitively prejudiced by any such
inconsistency.
4. Protest that the agency's evaluation of vendors' quotations and
selection decision were based upon the application of an unstated minimum
requirement is denied where the record does not support protester's
assertion.
DECISION
Computer Associates International, Inc. (CA) protests the issuance of a
purchase order to Serena Software, Inc. under request for quotations (RFQ)
No. RFQ-OPPM-3-1007VT, issued by the Office of Procurement and Property
Management, Department of Agriculture (USDA), for quotations from Federal
Supply Schedule (FSS) vendors for *change management' software. CA argues
that the agency's evaluation of vendors' quotations and the resulting
award decision were improper.
We deny the protest.
BACKGROUND
The RFQ, initially issued on December 13, 2002, requested quotations from
three FSS vendors, including Serena and 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 set out three
evaluation factors in descending order of importance--price, technical,
and corporate experience and past performance--and stated that technical
merit and corporate experience when combined were more important than
price. Award was to be made to the responsible vendor whose quotation
conformed to the solicitation and provided the overall *best value' to the
government, based on consideration of all factors.
The agency received quotations from the three vendors it solicited by the
January 6, 2003, closing date. A technical evaluation team (TET)
evaluated vendors' technical quotations as to the functional requirements
set forth in the solicitation's statement of work (SOW) using a numeric
rating system. Agency Report (AR), Tab N, TET Evaluation Report, Jan. 23,
2003. Following both the technical and price evaluation of quotations,
the USDA determined that the quotation of the third 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, arguing that the USDA had improperly evaluated CA's technical
and price quotations and that the agency had failed to follow the
solicitation's stated source selection criteria in making its best-value
determination. On April 8, the agency notified our Office of its intent
to take corrective action in response to CA's protest.
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