B-298573, Joint Systems, Inc., October 6, 2006

B-298573 Oct 06, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Joint Systems, Inc. protests the issuance of a purchase order for 2,550 thumbdrives to Global Channel Solutions, Inc. under request for quotations No. 9K60425, issued by the Program Executive Office, Enterprise Information Systems, Technology Applications Office of the Department of the Army. Joint Systems complains that its quotation was for a technically acceptable product and was lower in price than Global's. We deny the protest. View Decision B-298573, Joint Systems, Inc., October 6, 2006 Decision Matter of: Joint Systems, Inc. File: B-298573 Date: October 6, 2006 Robert G. Goetzman for the protester. Vera Meza, Esq., U.S. Army Materiel Command, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where request for quotations (RFQ) for thumbdrives required vendors to submit an image of a thumbdrive with a write-protect switch to demonstrate compliance with RFQ requirements pertaining to the switch, agency reasonably rejected protester's quotation, which did not include an image of the switch, as unacceptable. DECISION Joint Systems, Inc. protests the issuance of a purchase order for 2,550 thumbdrives to Global Channel Solutions, Inc. under request for quotations No. 9K60425, issued by the Program Executive Office, Enterprise Information Systems, Technology Applications Office of the Department of the Army. Joint Systems complains that its quotation was for a technically acceptable product and was lower in price than Global's. We deny the protest. The RFQ, which was furnished to prospective vendors via e-mail on July 5, 2006, consisted of two pages: a schedule that included a paragraph of –special instructions— identifying significant features of the thumbdrives and a page of specifications that furnished additional details regarding the required characteristics of the drives. An e-mail message accompanying the two attachments notified vendors that the government intended –to award without discussions a Firm Fixed-Price (FFP) purchase order to the responsive offeror whose quote conforms to the requirement and who is offering the lowest price.— The e-mail message further notified vendors that quotations were to be submitted via e-mail by 1 p.m. on July 10, 2006. Both the special instructions and the specification page identified an external, finger'operated write-protect switch as one of the required features of the thumbdrives. The specifications emphasized that the switch had to extend above the body of the drive so as to be operable by finger without the use of any type of tool. The RFQ required the submission of a –clear color close-up image— of the switch, presumably to demonstrate its conformance to the above requirement. Prior to the specified closing time, Joint Systems furnished the agency with a quotation of –$27.95 per thumb drive as per attached specification.— When the contracting officer responded that she had not received –the attachment,— the protester sent the following clarifying message: I meant the specifications you attached. This time I have attached them. $27.95 each for thumb drive as per attached specification. A copy of the specifications that had been furnished to the vendors, which included the requirement for submission of the color image of the switch, with the heading –Joint Systems— typed at the top, was attached. After the specified closing time on July 10, the protester sent the contracting officer an additional e-mail proposing (at a substantially higher price) a product incorporating a biometric switch for the top secret drives.[1] The e-mail included an image of the proposed product. The protester sent additional e-mails proposing various product innovations to the contracting officer on July 17, 19, and 20. The July 19 message included an image of a drive with an external switch and a folding metal cover. Nine vendors in addition to the protester submitted quotations prior to the deadline specified by the agency. The agency's technical evaluators conducted their evaluation on July 13 and found 7 of the 10 quotations, including the protester's, technically unacceptable. With regard to Joint Systems' quotation, the evaluators noted as follows: The submitted documents did not include the required image of the write protect switch; the proposal reiterates our specs but does not address them. The image provided does not show a write-protect switch. The proposed drive does not meet the specs and is not acceptable. Global Channel Solution's quotation was the lowest-priced of the technically acceptable quotations and was selected to receive the order on that basis. On July 21, the contracting officer issued a purchase order to Global Channel Solutions for a total of 2,550 thumbdrives at a unit price of $29 per thumbdrive.