Export 220Volt, Inc.

B-412303.2 Jan 20, 2016 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Export 220Volt, Inc., of Houston, Texas, protests the award of a contract to Asian European Electronics & Appliances (AEEA), of Northridge, California, under request for proposals (RFP) No. SGE500-15-R-0145, issued by the Department of State, Regional Procurement Support Office (Germany), for portable, step-down transformers. Export 220Volt argues that the agency's evaluation of AEEA's proposal and the resulting award decision were improper. We sustain the protest. We sustain the protest. View Decision Decision Matter of:  Export 220Volt, Inc. File:  B-412303.2 Date:  January 20, 2016 Paula Thakker, for the protester. Suresh Saraswat, for Asian European Electronics & Appliances, an intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. Louis A. Chiarella, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of awardee’s technical proposal is sustained where the awardee failed to comply with the solicitation’s stated evaluation criterion that required offerors to provide product literature to substantiate the acceptability of their proposed products. DECISION Export 220Volt, Inc., of Houston, Texas, protests the award of a contract to Asian European Electronics & Appliances (AEEA), of Northridge, California, under request for proposals (RFP) No. SGE500-15-R-0145, issued by the Department of State, Regional Procurement Support Office (Germany), for portable, step-down transformers.  Export 220Volt argues that the agency’s evaluation of AEEA’s proposal and the resulting award decision were improper. We sustain the protest. BACKGROUND The solicitation,[1] issued on September 21, 2015, as a commercial item acquisition, contemplated the award of a fixed-price contract for portable, step-down transformers.[2]  The RFP contained three contract line item numbers (CLIN) for the different types and quantities of transformers (e.g., CLIN 0001 was for a quantity of 500, 1,000 watt transformers).  However, common to all transformers were technical requirements as follows: Single phase heavy gauge steel casing with fuse; Pilot Lamp; 1.8 [meter] cord with European three-prong SCHUKO plug (two prong with earthing clips, plus female contact to accept the third prong/earthing pin from sockets which have this prong); secondary one U-Blade grounded receptacle; [Underwriter Laboratories] UL, [Canadian Standards Association] CSA, or [Technischer Überwachungs-Verein] TUV listed / certified components; and polarity warning light (for auto-transformers) all required.  Electrically isolated step-down transformers meeting the above will also be acceptable to meet the requirement for a polarity warning light indicator. RFP, Attachment A. The RFP established that contract award would be made on a best-value basis (i.e., “most advantageous to the Government”), based on three evaluation factors:  pricing and delivery; technical capability; and past performance.  RFP at 26.  The nonprice factors, when combined, were equal in importance to price.  Id.  Relevant to the protest here, the technical capability factor stated that: Offerors shall provide with their proposal confirmation that the proposed item meets the entire specifications as provided in Attachment ‘A’ of this solicitation.  Offerors shall provide with their proposal, at a minimum, existing product literature to substantiate the acceptability of their offered products . . . in accordance with this solicitation. Id. The RFP also stated that “[t]o have a [proposal] considered for award, all [offerors] must provide manufacturer name, model, and extended specifications of the exact equipment being proposed for all line items.  No exceptions.  Failure to provide this information will result in a ‘non-responsive’ [offer] and removal from award consideration.”  Id. The State Department utilized the services of the third-party reverse auction provider FedBid, Inc., to conduct the procurement.[3]  See AR, Tab 2, FedBizOpps Notice, Sept. 22, 2015, at 2.  Nine offerors, including AEEA and Export 220Volt, submitted proposals by the September 28 closing date.  AEEA’s proposal consisted of the offeror’s pricing; a FedBid compliance checklist; certifications and representations; a picture of a transformer; the manufacturer name and models of the items proposed (e.g., Sunkax ST-1000); and “seller bid specifications.”  AR, Tab 6, AEEA Proposal, at 1-23.  Specifically, beneath the RFP technical requirements, AEEA provided a narrative of what it stated were the specifications for each of the items it was proposing.  Id.