B-297702; B-297702.2, Draughn & Associates, February 15, 2006
Case: B-297702
Agency:
Protester: B
Date: 2006-02-15
Denied
B-297702; B-297702.2, Draughn & Associates, February 15, 2006
TITLE: B-297702; B-297702.2, Draughn & Associates, February 15, 2006
BNUMBER: B-297702; B-297702.2
DATE: February 15, 2006
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B-297702; B-297702.2, Draughn & Associates, February 15, 2006
Decision
Matter of: Draughn & Associates
File: B-297702; B-297702.2
Date: February 15, 2006
Joseph D. Gebhardt, Esq., Gebhardt & Associates, for the protester.
Byron W. Waters, Esq., U.S. Department of Agriculture, Animal and Plant
Health Inspection Service, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Agency properly rejected protester's quotation where it reasonably
determined that quotation failed to describe how solicitation's
requirements would be met, as required by terms of solicitation.
DECISION
Draughn & Associates protests the issuance of delivery orders to three
other vendors under U.S. Department of Agriculture (USDA), Animal and
Plant Health Inspection Service request for quotations (RFQ) No.
042-M-APHIS-05, for equal employment opportunity (EEO) investigative
services. Draughn asserts that the agency improperly declined to consider
its quotation.
We deny the protest.
The RFQ sought quotations from vendors holding contracts under the General
Services Administration's (GSA) Federal Supply Schedule (FSS) for EEO
investigative services. As many as three indefinite-delivery,
indefinite-quantity delivery orders were to be awarded to the vendors
whose prices were lowest among those whose quotations were found to be
technically acceptable (based on criteria not relevant here). Vendors were
required to submit a detailed description of their capabilities to
establish their ability to meet the technical evaluation criteria. RFQ
at 1-2. A pricing schedule, as well as representations and certifications,
were also to be submitted. The RFQ was posted on the GSA Advantage on-line
e-Buy quotation system, and quotations were to be submitted electronically
by May 26, 2005.
Draughn states that it submitted a quotation electronically on May 24.
Draughn also states that it contacted the agency on July 7 to inquire
about the status of its quotation, and was advised by the contracting
officer that it had not been received. On July 8, the protester submitted
a letter to the agency to which it appended a table of prices for the RFQ
requirements. On July 12, the protester was advised that its quotation
would not be considered, and that the agency had issued four delivery
orders to other vendors that were determined to have offered the lowest
priced, technically acceptable quotations. The protester states that,
subsequently, toward the end of November, it became aware of the
successful vendors' pricing, and that its quoted pricing was lower.
Shortly thereafter, Draughn filed this protest with our Office.
Draughn maintains that it should have been awarded a delivery order based
on the allegedly advantageous pricing it submitted with its July 8 letter
to the agency.
This argument is without merit. As noted, the RFQ required, among other
things, that vendors include with their quotations a detailed description
of their capabilities to meet the RFQ's technical evaluation criteria. The
record shows that Draughn did not submit any information relating to its
capabilities at the time it submitted its pricing information. The record
further shows that the agency specifically considered Draughn's failure to
submit information relating to its technical capabilities in its decision
not to make an award to the vendor. Agency Price Negotiation Memorandum at
4-5. In the absence of the required information, there was no basis for
the agency to find Draughn's quotation technically acceptable. CDS Network
Sys., Inc., B-281200, Dec. 21, 1998, 98-2 CPD para. 154 at 3 (the absence
of required information from a quotation properly found by agency to
render quotation technically unacceptable).
Draughn also seems to suggest that, because it previously performed work
for the agency, its capabilities were known to the agency, and this should
have been sufficient for the agency to find Draughn's quotation
technically acceptable. However, it is generally proper for agencies to
evaluate proposals or quotations based solely on the information
submitted, and we believe that is the case here. Possehn Consulting,
B-278579, Jan. 9, 1998, 98-1 CPD para. 10 at 4-5. Accordingly, the
agency's supposed prior knowledge of Draughn's capabilities did not
require the agency to find Draughn's quotation acceptable. It follows that
there is no basis for us to find the agency's actions unreasonable.
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