Innovation Associates, Inc.

Case: B-414406 Agency: Department of Defense : Defense Logistics Agency Protester: Innovation Associates, Inc. Date: 2017-06-06 Sustained In Part, Denied In Part
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B-414406 Jun 06, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Innovation Associates, Inc. of Johnson City, New York, protests the issuance of four delivery orders to Arxium, Inc. (AI), of Buffalo Grove, Illinois, under that firm's federal supply schedule (FSS) contract pursuant to request for quotations (RFQ) No. 1019219, issued by the Defense Logistics Agency (DLA) for robotic pharmaceutical equipment. Innovation Associates argues that AI's quotation was technically unacceptable, and therefore ineligible for award. We sustain the protest in part and deny it in part. View Decision 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:  Innovation Associates, Inc. File:  B-414406 Date:  June 6, 2017 Stuart B. Nibley, Esq., Amy M. Conant, Esq., and Erica L. Bakies, Esq., K&L Gates LLP, for the protester. Cherie J. Owen, Esq., Fernand A. Lavallee, Esq., and Alexander M. Yabroff, Esq., Jones Day, for Arxium, Inc., an intervenor. Jared P. Weissberger, Esq., and Lillian S. Weiss, Esq., Defense Logistics Agency, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that awardee’s proposed solution for providing robotic pharmaceutical automation systems failed to meet several of the solicitation’s minimum requirements is sustained where record shows that the offered system failed to meet two material requirements. DECISION Innovation Associates, Inc. of Johnson City, New York, protests the issuance of four delivery orders to Arxium, Inc. (AI), of Buffalo Grove, Illinois, under that firm’s federal supply schedule (FSS) contract pursuant to request for quotations (RFQ) No. 1019219, issued by the Defense Logistics Agency (DLA) for robotic pharmaceutical equipment.  Innovation Associates argues that AI’s quotation was technically unacceptable, and therefore ineligible for award.  We sustain the protest in part and deny it in part. BACKGROUND The RFQ was issued by DLA to acquire robotic pharmaceutical automation systems at four large-volume refill centers on behalf of the Air Force to be installed at various Air Force military treatment facilities.  The solicitation contemplates the issuance of fixed-price delivery orders to the firm submitting the lowest-priced, technically acceptable quotation.[1]  RFQ at 3.  The RFQ included a list of 64 minimum requirements, and several of these (discussed in detail below) are the subject of Innovation Associates’ protest. The agency received quotations from the protester and awardee in response to the RFQ.  The agency evaluated the quotations, engaged in several rounds of discussions, and solicited, obtained and evaluated final quotations.  The agency found both quotations technically acceptable and issued the delivery orders to AI based on its lower price.  The record shows that AI quoted a total price of $4,487,573, while the protester quoted a total price of $4,494,706, for a difference of $7,133.  Agency Report (AR) exh. 12, Award Document, at 3.  After being advised of the agency selection decision and receiving a debriefing, Innovation Associates filed the instant protest. PROTEST Innovation Associates argues that the quotation submitted by AI is technically unacceptable for failing to meet a number of the RFQ’s minimum requirements.[2]  We have considered all of Innovation Associates’ arguments, and sustain its protest for the reasons discussed below.  We deny the remainder of Innovation Associates’ arguments to the extent we do not specifically discuss them below.  We note at the outset that, in reviewing protests challenging an agency’s evaluation of quotations, our Office does not reevaluate the quotations or substitute our judgment for that of the agency; rather, we review the record to determine whether the agency’s evaluation was reasonable and consistent with the solicitation’s evaluation criteria, as well as applicable statutes and regulations.  ManTech Advanced Systems International, Inc., B-413717, Dec.

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