Oready, LLC (040ADV-19-Q-0124b)

B-418297.2 Mar 30, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Oready, LLC, a small business of Las Vegas, Nevada, requests that our Office recommend the Government Publishing Office (GPO) reimburse Oready's reasonable costs of filing and pursuing its protest challenging the technical evaluation conducted by the agency under request for quotations (RFQ) No. 040ADV-19-Q-0124b, which was issued for Gigamon system engineer support. Oready argues that its protest was clearly meritorious and that the agency unduly delayed taking corrective action. We deny the request. 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:  Oready, LLC--Costs File:  B-418297.2 Date:  March 30, 2020 Andres M. Vera, Esq., and Edward J. Tolchin, Esq., Offit Kurman, P.A., for the protester. Craig D. Barrett, Esq., Government Publishing Office, for the agency. Andrew J. Smith, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not entitled to reimbursement of protest costs where the agency took corrective action after receipt of the protester’s comments because the initial protest was not clearly meritorious; thus, we cannot conclude that the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. DECISION   Oready, LLC, a small business of Las Vegas, Nevada, requests that our Office recommend the Government Publishing Office (GPO) reimburse Oready’s reasonable costs of filing and pursuing its protest challenging the technical evaluation conducted by the agency under request for quotations (RFQ) No. 040ADV-19-Q-0124b, which was issued for Gigamon system engineer support.  Oready argues that its protest was clearly meritorious and that the agency unduly delayed taking corrective action.  We deny the request.  BACKGROUND On September 21, 2019, the agency issued the RFQ pursuant to the procedures of Federal Acquisition Regulation (FAR) part 12, Acquisition of Commercial Items, and FAR part 13, Simplified Acquisition Procedures.  Agency Report (AR), Tab 11, RFQ, at 129; Contracting Officer’s Statement (COS) at 4.[1]  The RFQ contemplated the award of a fixed-price contract with a period of performance of twelve months after the date of contract award.  RFQ at 114.  The RFQ sought quotations for specialized engineering professional services for onsite support in Gigamon system administration, configuration, and operations.[2]  Id. at 126.  The RFQ provided that award would be made on a lowest-priced, technically acceptable basis.  Id. at 153.  Only the lowest priced quotation would be evaluated for technical acceptability, and if found to be unacceptable, then the next lowest priced quotation would be evaluated.  Id.  The evaluation process would continue until a technically acceptable quotation was identified.  Id.  The RFQ instructed offerors to “set forth full, accurate and complete information as required” by the RFQ.  Id. at 151.  The RFQ warned offerors that if the RFQ’s instructions are not followed, the quotation “may be eliminated from further consideration.”  Id.  Regarding the technical evaluation, the agency would assign a rating of acceptable or unacceptable for each proposal based on meeting the minimum standard for professional qualifications.  Id. at 153.  Relevant to this request, the RFQ stated that the minimum standard of acceptability for professional qualifications is for the offeror to propose an individual who “must have demonstrated experience and skills in Gigamon system administration, which is evidenced by the Offeror supplying the Gigamon part number (SKU) GPS-GOS-RSE” in its quotation.[3]  Id. at 154.  The agency received four timely quotations in response to the RFQ, including Oready’s.  COS at 3-4.  On September 28, the agency awarded the contract to Blackwood Associates, Inc. in the amount of $296,700.  AR, Tab 22, Contract Award, at 279, 282.  On November 14, the agency provided Oready with a written debrief, which notified the protester that its quotation was one of the lowest-priced, but that it was technically unacceptable because it “did not provide Gigamon part number GPS-GOS-RSE, which was required in the solicitation.”[4]  AR, Tab 21, Debrief to Oready, at 277.