B-299092, Encompass Group, LLC, December 22, 2006

B-299092 Dec 22, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Encompass Group, LLC protests the rejection of its quotation under request for quotations (RFQ) No. VA-797-06-RQ-0104, issued by the Department of Veterans Affairs (VA) for reusable operating room scrubs. Encompass contends that any nonconformity of their samples to the solicitation requirements was minor and that it properly indicated in a letter and product literature accompanying the samples its intent to deliver scrubs that conformed to the terms of the RFQ. We deny the protest. View Decision B-299092, Encompass Group, LLC, December 22, 2006 Decision Matter of: Encompass Group, LLC File: B-299092 Date: December 22, 2006 H. K. Tyler, Jr. for the protester. Melbourne A. Noel, Jr., Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined that protester's quotation was unacceptable where the record supports the agency's conclusion that the protester's sample garments failed to comply with multiple solicitation requirements. DECISION Encompass Group, LLC protests the rejection of its quotation under request for quotations (RFQ) No. VA-797-06-RQ-0104, issued by the Department of Veterans Affairs (VA) for reusable operating room scrubs. Encompass contends that any nonconformity of their samples to the solicitation requirements was minor and that it properly indicated in a letter and product literature accompanying the samples its intent to deliver scrubs that conformed to the terms of the RFQ. We deny the protest. As part of its efforts to standardize its procurement of medical items, on September 13, 2006, the VA issued an RFQ to holders of Federal Supply Schedule (FSS) contracts for the required garments. The RFQ, which contained a deadline of October 5 for submitting quotations, contemplated establishment of a single national blanket purchase agreement (BPA) with a 5-year performance period. The RFQ informed interested FSS contract holders that a BPA would be established with –the offeror whose quotation provides the best overall price to the VA upon determining all offered products Technically Acceptable in accordance with the requirements shown in Attachment A.— RFQ at 2. The product requirements for line item 3, the unisex scrub top, included the following: 1. Scrub top must be a pullover, reversible, with expandable neck. 2. Scrub top must have one left chest pocket on both sides and one right bottom pocket on both sides. 14. Size label must be looped over center back neck and secured with bartack. 15. Size must be visible on both sides of label. Id. at 18-19. The agency notes that scrubs conforming to these requirements can be pulled on quickly after laundering without the need to first reverse them. The RFQ required offerors to submit samples for all line items requiring sample garments, which included line item 3, and noted that the –[f]ailure of these samples to conform to the required requirements will require rejection of the offer.— Id. at 41. The RFQ advised offerors that –[i]f your commercial line of Garments have different common commercial styles than described above, your quote must include detailed explanations relating to similarities that will satisfy the above requirements in writing only. Please provide detailed explanations by line item.— Id. at 42. Five offerors, including Encompass, submitted quotations and samples; Encompass submitted a quote that included product literature, samples of garments, and a cover letter. In the letter, the protester took issue with several of the RFQ specifications, but noted that –we have yet to protest this situation.— Agency Report (AR), exh. 4, Letter from the Protester to the Agency, Oct. 4, 2006, at 1. The agency found the samples submitted by Encompass for line item 3, the unisex scrub top, to be unacceptable and advised the protester that its quotation had been rejected as a result. The contracting officer identified the following deficiencies in the sample, corresponding to the requirements in the RFQ quoted above: 2. NO -- One chest pocket on one side only and two bottom pockets on the other side 14. NO -- Label sewn on one side and not looped over 15. NO -- [Size] not on both sides of label AR, exh. 6, Letter from Agency to Protester, Oct. 27, 2006, at 1. This protest followed. Encompass asserts that its quotation was unreasonably rejected based on minor deficiencies in one of nine product categories, and that, in any event, a provision in the RFQ (set out above) allowed offerors to quote –different common commercial styles— than those described in the RFQ if –detailed explanations are provided,— which Encompass claims it did.