BCW Group, LLC

B-417209,B-417209.2,B-417209.3,B-417209.4 Mar 27, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights BCW Group, LLC (BCW), a small Indian economic enterprise, of Durant, Oklahoma, protests the issuance of a purchase order to ODIN Solutions International, Inc., a small Indian economic enterprise of San Diego, California, under solicitation No. 140A1619Q0026, issued by the Department of the Interior, Bureau of Indian Affairs, for a brand name or equal commercial item known as Promethean ActivPanels. BCW asserts that it submitted the lowest price, and therefore should have been issued the purchase order. We sustain the protest. We sustain the protest. View Decision Decision Matter of:  BCW Group, LLC File:  B-417209; B-417209.2; B-417209.3; B-417209.4 Date:  March 27, 2019 Shane Cessnun, for the protester. James L. Weiner, Esq., Department of the Interior, for the agency. Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where procurement was conducted using FedBid reverse auction procedures and agency failed to consider that protester, which submitted the lowest price, timely indicated its price included maintenance in response to a FedBid validation request. DECISION BCW Group, LLC (BCW), a small Indian economic enterprise, of Durant, Oklahoma, protests the issuance of a purchase order to ODIN Solutions International, Inc., a small Indian economic enterprise of San Diego, California, under solicitation No. 140A1619Q0026, issued by the Department of the Interior, Bureau of Indian Affairs, for a brand name or equal commercial item known as Promethean ActivPanels.  BCW asserts that it submitted the lowest price, and therefore should have been issued the purchase order.  We sustain the protest. BACKGROUND The procurement was conducted on behalf of the agency by FedBid, using its reverse auction process.[1]  Request for Dismissal, attach. A, Solicitation.  The solicitation, issued on November 27, 2018, sought Promethean ActivPanels[2] on a brand name or equal basis.  Id. at 1.  Attached to the solicitation was a specification sheet for the panels, which listed the required salient characteristics applicable to a product offered as equal to the brand name product.  Id., attach. 1, Specification Sheet.  The specification sheet informed sellers that they would be required to remove the current panels, install the new panels, and complete maintenance once a year, for updating software, cleaning boards, and inspecting cables.  Id. The solicitation stated that award would be made to the seller whose offer would be most advantageous to the agency considering price, technical capability, delivery, and past performance.  Request for Dismissal, attach. A, Solicitation, at 2.  There was a technical and delivery requirement, but no past performance requirement.  Id.  Auction bidding began on Tuesday, November 27, at 9:23 a.m. Eastern Time, and ended on Friday, November 30, at 2:00 p.m. Eastern Time.  Id.  at 1.  As relevant to this protest, at the close of bidding, BCW’s bid of $149,156.26 for the brand name item was the lowest bid submitted.  Request for Dismissal at 2.  In its bid, BCW checked the box on the FedBid website that stated:  “The vendor complies with all terms listed by the Buyer.”  Request for Dismissal, attach. B, BCW Bid, at 2.  BCW, however, did not specifically restate that its bid included maintenance.  Id. at 1-4.  Following the close of the auction, a representative of FedBid sent, by email, a validation request[3] to BCW as follows: We are contacting you in order to confirm your ability to comply with the terms below.  Your response by reply email is requested by 12:00 Noon [Eastern Time] Monday.  Your feedback may be shared with the Buyer.  Please note that the Buyer may use this information at his or her discretion during evaluation, and that FedBid does not qualify Bids for evaluation for award.  In the absence of a reply email, the Buyer may deem your bid non-responsive.  The Buyer may then choose to exclude your Bid from consideration or may remove your Bid.  In submitting a bid, you agreed to the following terms.  Please confirm the following: Question:  Is your bid price correct, complete (meaning all items requested are included in your bid) and inclusive of all costs the Buyer would incur if your bid is selected? BCW Response to Dismissal Request, attach. A, Emails from FedBid, at 2 (emphasis omitted).  The email further stated that while an affirmative reply does not qualify the bid’s technical acceptability, it “provides additional information to the Buyer and confirmation that you understand the terms of this Buy and that your Bid complies with these terms.”  Id.    BCW timely responded to the FedBid validation request in an email.  Specifically, BCW stated:  “The unit price . . .