Zebra Technologies International, LLC, B-296158, June 24, 2005

B-296158 Jun 24, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Zebra Technologies International, LLC protests the rejection of its quotation as late by the Department of the Army under request for quotations (RFQ) No. W91QUZ-05-Q-0001, for radio frequency identification products and services. We deny the protest. View Decision B-296158, Zebra Technologies International, LLC, June 24, 2005 Decision Matter of: Zebra Technologies International, LLC File: B-296158 Date: June 24, 2005 William M. Weisberg, Esq., and Beth L. Jacobson, Esq., Sullivan & Worcester LLP, for the protester. Capt. Scott N. Flesch, Department of the Army, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agency's rejection of quotation as late is denied where record shows agency action was reasonable and consistent with the solicitation's late quotation terms. DECISION Zebra Technologies International, LLC protests the rejection of its quotation as late by the Department of the Army under request for quotations (RFQ) No. W91QUZ-05-Q-0001, for radio frequency identification products and services. We deny the protest. The RFQ, issued on December 16, 2004, contemplated the selection of multiple vendors for blanket purchase agreements (BPA) under five award groups; this protest involves the rejection of Zebra's quotation for selection under award group 3, for printers. The RFQ provided for issuance of one or more BPAs to vendors having technically acceptable quotations and satisfactory past performance. RFQ Part E-2, paragraph 2. Evaluation of the quotations was to include a "compliance review" (to determine whether the quotation complied with the terms of the RFQ), and a "technical acceptability review" (to review compliance with mandatory product and services requirements). RFQ Part E-2, paragraph 2(a), (b). Further, a performance risk assessment was to be performed by the agency for each vendor "based on the quality, relevancy and currency" of the vendor's past performance. RFQ Part E-2, paragraph 2(c). For the past performance evaluation, vendors were required to provide comprehensive information regarding their (and their subcontractors') past performance, with detailed descriptions of the five largest relevant contracts performed within the last 3 years, including information about contract size, scope, pricing, and delivery terms, as well as an explanation of the firm's compliance with performance requirements. RFQ Part E-1, paragraph 12.4.3(a). Vendors were also required to send past performance questionnaires to the references they identified for those contracts, and to do so in sufficient time for the responses to be provided to the agency by the due date for receipt of the past performance volume of the quotation. RFQ Part E-1, paragraph 12.4.3(b). In this regard, in an effort to prevent delay in the procurement from the past performance evaluation, all vendors were advised (by provisions in the RFQ, the cover letter to the solicitation, and several vendor questions and answers released by the agency) of the importance of timely submission of their past performance information. Vendors were instructed that in order to enable timely processing of the information by the agency, each vendor was required to submit the past performance volume of its quotation 1 week prior to the closing date scheduled for the balance of the firm's quotation ( i.e. , the technical and price aspects of its quotation). RFQ Part E-1, paragraph 2(b). For award group 3, relevant to Zebra's protest, the closing date for receipt of the technical/price quotations was March 7; accordingly, each vendor's past performance volume was required to be submitted by February 28. The RFQ included the following prohibition against the late submission of quotation information: Quotes or modifications of quotes received . . . after the exact time specified for receipt of quotes will not be considered for the initial round of BPA awards. If an emergency or unanticipated event or legal Federal holiday interrupts normal Government processes . . . the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. The early quote submission of Past Performance information is subject to this late submission rule. RFQ Part E-1, paragraph 5 (emphasis added). Zebra submitted its past performance information (along with the balance of its quotation) on March 4, 4 days after the February 28 deadline for submission of the past performance volume. On March 21, the firm was informed that, pursuant to the late quotation provision of the RFQ, its quotation was rejected, because the firm failed to timely submit its past performance information.