B-298888, World Wide Technology, Inc., December 1, 2006

B-298888 Dec 01, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights World Wide Technology, Inc. protests the establishment of a blanket purchase agreement (BPA) with Government Technology Services, Inc. (GTSI) by the Department of Justice (DOJ) under request for quotations (RFQ) No. DJJL-06-RFQ-0397 for desktop and laptop computers. World Wide complains that the agency unreasonably evaluated the realism for GTSI's proposed fixed prices. We deny the protest. View Decision B-298888, World Wide Technology, Inc., December 1, 2006 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: World Wide Technology, Inc. File: B-298888 Date: December 1, 2006 Stephen S. Kaye, Esq., and William E. Olson, Esq., Bryan Cave LLP, for the protester. Janine S. Benton, Esq., and Kathy C. Potter, Esq., Benton & Potter, PC, for Government Technology Services, Inc., an intervenor. John R. Caterini, Esq., and Barry C. Hansen, Esq., Department of Justice, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a procurement conducted under Federal Supply Schedule procedures, protest challenging agency's price analysis under a solicitation that provided for a realism assessment of quoted fixed prices for the issuance of a blanket purchase agreement is denied, where the protester asserts that the agency failed to consider that quoted laptop computers would not be available throughout the agreement's base term, but the record shows that the source selection official in fact considered whether the laptop computer models quoted would be available and reasonably concluded based upon the information before him that the models would be available. DECISION World Wide Technology, Inc. protests the establishment of a blanket purchase agreement (BPA) with Government Technology Services, Inc. (GTSI) by the Department of Justice (DOJ) under request for quotations (RFQ) No. DJJL-06-RFQ-0397 for desktop and laptop computers. World Wide complains that the agency unreasonably evaluated the realism of GTSI's proposed fixed prices. We deny the protest. The RFQ provided for the establishment of a BPA with a 3-year base period and 1'year option period for desktop and laptop computers and optional accessories, services, and peripheral equipment. The competition was limited to vendors who hold contracts under schedule 70 of the General Services Administration Federal Supply Schedule (FSS). Prospective vendors were informed that the agency intended (but did not guarantee) to place an initial order for approximately 15,000 computers and to purchase approximately 60,000 computers over the base period of the BPA. The solicitation informed vendors that quotations would be evaluated on the basis of four factors: proposed workstation and laptop products, technical/management proposal, past experience/past performance, and –total evaluated price,— and that award would be made on the basis of a price/technical tradeoff. RFQ, Evaluation Factors, at 1-2. With respect to the price evaluation factor, the solicitation provided a pricing table, on which vendors were to provide their FSS contract unit prices, their prices offered under this BPA, and their discounts from the FSS contract prices for each of the required computers, accessories and peripheral equipment for each of the 3 years of the BPA's base period. The pricing table evenly spread the agency's identified estimated quantities of desktop and laptop computers over the 3'year base period. See RFQ amend. 4, at 6-8. Vendors were informed that the price evaluation factor would be evaluated as follows: Based on the proposed DOJ [BPA] unit prices times the DOJ estimated quantities for each line item, a Grand Total All Workstations and Options Amount will be calculated by the Pricing Table. In reviewing and verifying an Offeror's Grand Total Evaluated Amount, the Government may make adjustments to the pricing table for errors and omissions, or make other corrections as deemed necessary by the Contracting Officer. In addition to the aforementioned adjustments, the Government may make Price Realism adjustments to the Gran[d] Total Evaluated Amount, if the circumstances warrant. RFQ, Evaluation Factors, at 1. The RFQ also provided a –technology refreshment— provision, under which the vendor or the agency could propose or request product substitutions for a number of reasons, including that the vendor's BPA product had been discontinued by the manufacturer. Vendors were informed that discounts proposed for the initial products shall apply to all subsequent additions or substitutions, which must be compliant with the [statement of work] requirements.