GTSI Corp., B-292298; B-292298.2; B-292298.3, August 14, 2003
Case: B-292298
Agency:
Protester: GTSI Corp., B
Date: 2003-08-14
Denied
GTSI Corp., B-292298; B-292298.2; B-292298.3, August 14, 2003
TITLE: GTSI Corp., B-292298; B-292298.2; B-292298.3, August 14, 2003
BNUMBER: B-292298; B-292298.2; B-292298.3
DATE: August 14, 2003
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GTSI Corp., B-292298; B-292298.2; B-292298.3, August 14, 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: GTSI Corp.
File: B-292298; B-292298.2; B-292298.3
Date: August 14, 2003
John J. Fausti, Esq., Monica C. Parchment, Esq., and Jennifer M. Morrison,
Esq., John J. Fausti & Associates, for the protester.
Kelley P. Doran, Esq., William A. Shook, Esq., and Michael D. Garson,
Esq., Preston Gates Ellis & Rouvelas Meeds, for Dell Marketing, L.P., an
intervenor.
James H. Haag, Esq., Space & Naval Warfare Systems Command, for the
agency.
David A. Ashen, Esq., and Jerold D. Cohen, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that agency improperly accepted quotation that did not
unambiguously indicate compliance with mandatory computer monitor viewing
area requirement, but instead could reasonably be interpreted as
indicating noncompliance, and then improperly modified the blanket
purchasing agreement shortly after award to *correct* ambiguity, is denied
where there is no basis for concluding that the agency's actions
prejudiced protester; protester has not alleged, nor is there any basis
for concluding, that it would have lowered its price sufficiently to
displace awardee as the low-priced vendor.
DECISION
GTSI Corp. protests the Department of the Navy, Space & Naval Warfare
Systems Command's (SPAWAR), award of a blanket purchasing agreement (BPA)
to Dell Marketing, L.P., under request for quotations (RFQ) No.
N00039-02-Q-0016, for computers, laptops and peripherals. GTSI asserts
that Dell's quotation failed to comply with the specifications in the RFQ.
We deny the protest.
The RFQ contemplated award of a BPA for the procurement of commercial
off‑the‑shelf computers, laptops and peripherals in support of
shipboard command, control, communications, computers and intelligence
networks. All items offered by a vendor were required to be on that
vendor's General Services Administration's (GSA) Federal Supply Schedule
(FSS) contract. The required equipment characteristics, configurations
and options were set forth in the RFQ's Section B Schedule (including
attachment No. 1) and Statement of Objectives (SOO).
The RFQ provided that award would be made to the responsible contractor
whose proposal represented the best value to the government. Best value
was to be determined based on price and four non-price evaluation factors,
including (in descending order of importance): (1) satisfaction of
technical requirements; (2) past performance; (3) logistics and support
plan; and (4) small and disadvantaged business (SDB) participation. While
the SOO provided that *[t]he identified specifications are to be met at a
minimum, but may be exceeded,* SOO S: 2.1, the statement of evaluation
factors in Section M provided, with respect to the factor for satisfaction
of technical requirements, that *[t]he government will evaluate the extent
to which the equipment proposed by the contractor meets or exceeds the
requirements of Section B of the RFQ and in the SOO.* RFQ S: M.3. The
non-price evaluation factors when combined were approximately equal in
importance to price.
Four vendors submitted six quotations. Dell's and GTSI's quotations were
included in the competitive range. SPAWAR conducted discussions with Dell
and GTSI in which the agency advised the vendors of a number of
weaknesses, including instances in which their proposed equipment did not
appear to meet the requirements set forth in the Section B Schedule and
the SOO. SPAWAR then requested revised quotations. Based on its
evaluation of final quotation revisions, SPAWAR determined that Dell's
basic quotation offered the best value. (Dell submitted basic and
alternate quotations.) Specifically, while Dell's and GTSI's revised
quotations both received very good ratings under the evaluation factors
for satisfaction of technical requirements and logistics and support plan,
and both received acceptable ratings for SDB participation, Dell's past
performance was rated excellent while GTSI's was only rated very good.
SPAWAR concluded that Dell had a *slight edge* under the non‑price
technical factors. Source Selection Advisory Council Report at 11. In
addition, Dell's evaluated price ($60,733,475) was significantly
($[DELETED]) lower than GTSI's ($[DELETED]).
Full decision text continues on ProtestIntel...