Metro Business Systems, LLC, B-296371.2, July 13, 2005
Case: B-296371.2
Agency:
Protester: Metro Business Systems, LLC, B
Date: 2005-07-13
Denied
B-296371.2
Jul 13, 2005
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Highlights
Metro Business Systems, LLC (MBS), protests the award of purchase order No. CNSHQG05026 for 16 copiers to Ameritel Corporation, a dealer of Canon Copiers, issued by the Corporation for National & Community Service under Ameritel's General Services Administration (GSA) Federal Supply Schedule (FSS) contract.
We deny the protest.
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B-296371.2, Metro Business Systems, LLC, July 13, 2005
Decision
Matter of: Metro Business Systems, LLC
File: B-296371.2
Date: July 13, 2005
Jerry Allen for the protester.
Andrea S. Grill, Esq., Corporation for National & Community Service, and Thedlus L. Thompson, Esq., General Services Administration, for the agencies.
Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Agency that purchases copiers using Federal Supply Schedule procedures is not required to disclose its requirements for network compatibility and security features where agency did not shift the burden to vendors to select what to quote; agency may consider special copier features discernable from product literature when selecting vendor for award.
DECISION
Metro Business Systems, LLC (MBS), protests the award of purchase order No. CNSHQG05026 for 16 copiers to Ameritel Corporation, a dealer of Canon Copiers, issued by the Corporation for National & Community Service under Ameritel's General Services Administration (GSA) Federal Supply Schedule (FSS) contract.
We deny the protest.
The agency sought to procure, through a "lease-to-ownership-plan," 16 multi-function copiers from a single FSS vendor to replace their existing fleet of 15 copiers. [1]
The agency did not issue a solicitation to acquire these copiers. Instead, it conducted "market surveys" in February, March, and April of 2005 with five vendors and requested quotations from these vendors. Vendors were provided the model numbers and usage charges for the existing copiers. The market surveys consisted of discussions with the vendors about their products and the agency's requirement to replace its entire fleet of copiers, a review of copier brochures and equipment manuals, and consultation with the agency's Office of Information Technology (OIT) to make sure that the copiers were compatible with the agency's network and security requirements. Declaration of Agency's Support Services Specialist, June 24, 2005, Paragraphs 11-37; Recorded Tel. Call, June 30, 2005.
Although not specifically disclosed to the vendors, the record indicates that the agency sought copiers that would fill five "critical needs" of the agency: (1) acquire new, high-quality copiers with multi-functioning capabilities at a fair and reasonable price, (2) acquire copiers from one consolidated vendor, (3) acquire copiers that were entirely compatible and "seamless" with the agency's Local Area Network (LAN), (4) acquire multi-functioning copiers that had "seamless" and easy to use security features, and (5) acquire contractor services that would most efficiently and economically (in terms of performance and cost) dispose of the current fleet of all 15 copiers.
Three of the five surveyed vendors submitted quotations. One of those vendors, Ameritel, submitted a quotation for Canon brand copiers and MBS submitted a quotation for Konica Minolta brand copiers. On April 21, 2005, the agency issued a purchase order to Ameritel for the copiers for a base year with four 1-year options, concluding that the quotation of109,017.20 per year provided the best value to the government at the lowest overall price.
In making this determination, the agency found that the Canon copiers quoted by Ameritel contained "added features . . . that make them a standout." For example, the agency noted that the Canon copiers included integrated scanning capability and functions that could be accessed directly from the copier or the desktop, provided better security capabilities, and were "optimized for [integration with] the [agency's] LAN environment" better than the other vendors' products. Furthermore, Ameritel's quotation included trade-ins on all of their units (other vendors offered fewer or no trade-ins [2] ); and included unlimited training, toner, and supplies at no additional cost to the government. The firm also provided "excellent" references and was found to have "experience and technical knowledge to support the [agency's] requirements." Agency Report, Tab 16, Best Value Justification, at 1-2. In addition, Ameritel's quotation was the overall lowest in price--$30,518.76 lower per year than MBS's next lowest priced quotation. Agency Report at 9 n.4.
MBS protests to our Office the issuance of the purchase order. It contends that the agency did not provide adequate information concerning its requirements, evaluation, and basis for award.
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