Orbit Research LLC

Case: B-417462 Agency: Library of Congress Protester: Orbit Research LLC Date: 2019-07-17 Denied
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B-417462 Jul 17, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Orbit Research, LLC, a small business of Wilmington, Delaware, protests the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts to Zoomax USA Inc., of Metheun, Massachusetts, and HumanWare, of Quebec, Canada, under request for quotations (RFQ) No. 030ADV19R0114, issued by the Library of Congress (Library), for design review, prototype and software development, production, and service/maintenance of a refreshable braille electronic book reader (e-reader). The protester argues that the agency's evaluation of quotations under the technical and past performance factors was unreasonable. We deny the protest. View Decision Decision Matter of: Orbit Research, LLC File: B-417462 Date: July 17, 2019 Venkatesh R. Chari, for the protester. C. Peter Dungan, Esq., and Jason A. Blindauer, Esq., Miles & Stockbridge P.C., for Zoomax USA Inc.; and Jonathan D. Shaffer, Esq., and Mary Pat Buckenmeyer, Esq., Smith Pachter McWhorter PLC, for HumanWare, the intervenors. Emily Vartanian, Esq., Library of Congress, for the agency. Michael P. Grogan, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's evaluation of quotations is denied where the record reflects that the agency's evaluation was reasonable and in accordance with the solicitation. 2. Protest alleging that the agency's source selection decision is unreasonable because the agency failed to evaluate all of the protester's past performance information is denied where the protester cannot demonstrate prejudice. DECISION Orbit Research, LLC, a small business of Wilmington, Delaware, protests the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts to Zoomax USA Inc., of Metheun, Massachusetts, and HumanWare, of Quebec, Canada, under request for quotations (RFQ) No. 030ADV19R0114, issued by the Library of Congress (Library), for design review, prototype and software development, production, and service/maintenance of a refreshable braille electronic book reader (e-reader).1 The protester argues that the agency's evaluation of quotations under the technical and past performance factors was unreasonable. We deny the protest. BACKGROUND The RFQ, issued on January 25, 2019, contemplated the award of either a single or multiple-award IDIQ contract, utilizing the procedures of Federal Acquisition Regulation (FAR) parts 12 and 15, with a five year ordering period, to support the Library's development and manufacture of a braille e-reader.2 Agency Report, Tab 3, RFQ amend. 1, at 3-4. Specifically, the RFQ sought vendors for the design, manufacture, and delivery of e-readers, to include a twenty cell refreshable braille display, a braille keyboard, internal memory, and rechargeable battery and charger. Id. at 4. The solicitation provided that the agency would issue orders on a fixed-price basis, and would order a minimum of $50,000 under each awarded IDIQ contract, with the cumulative total not to exceed $10,000,000. Id. at 3. The RFQ advised that award would be made on a best-value tradeoff basis, utilizing the following factors, in descending order of importance: sample refreshable braille cell technology, technical approach, production/manufacturing capabilities and product support methods, program management, past performance, and price. Id. at 36. All non-price factors, when combined, were significantly more important than price. Id. As relevant to this protest, under the past performance factor, the RFQ provided that vendors were to provide "detailed examples of at least three current or completed contracts, performed within five years, that demonstrate experience manufacturing products relevant to this procurement." Id. The agency would evaluate past performance information to assess the level of risk associated with a vendor's ability to perform the contract. Id. at 38. The solicitation provided that "[t]he offeror will not be evaluated favorably or unfavorably on past performance if no relevant information on past performance is provided by the offeror or otherwise obtained by the Library." Id. The agency received timely quotations from multiple vendors. AR, Tab 24, Source Selection Decision Document (SSDD), at 1. Following an initial round of discussions, on March 6, the agency established a competitive range--which included Orbit, Zoomax, and HumanWare--and requested that final quotations be submitted by March 11. Contracting Officer's Statement (COS) at 4.

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