Ortho-Clinical Diagnostics, Inc. (RFQ1380363)

B-418324 Feb 27, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Ortho-Clinical Diagnostics, Inc., of Raritan, New Jersey, protests the issuance of a Federal Supply Schedule (FSS) blanket purchase agreement (BPA) to Roche Diagnostics Corporation, of Indianapolis, Indiana, under request for quotations (RFQ) No. RFQ1380363, issued by the Department of Justice, Bureau of Prisons (BOP), for the lease of two integrated chemistry/immunochemistry analyzers for the United States Medical Center for Federal Prisoners in Springfield, Missouri. Ortho-Clinical argues that the RFQ contained defective specifications and that the BOP misevaluated quotations, treated vendors unequally, and improperly issued the BPA to Roche. We dismiss the protest in part and deny it in part. View Decision Decision Matter of:  Ortho-Clinical Diagnostics, Inc. File:  B-418324 Date:  February 27, 2020 DeAnna R. Scarfone for the protester. Daniel I. Stovall, Esq., William Robinson, Esq., and Oleta Vassilopoulos, Esq., Department of Justice, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that an agency misevaluated quotations is denied where, even though the agency assessed the protester’s quotation as unacceptable for failing to meet a solicitation requirement, and allegedly waived part of the requirement in selecting the successful vendor’s quotation, the protester was not prejudiced by the agency’s actions as its quotation failed to meet another requirement that was not waived.  DECISION   Ortho-Clinical Diagnostics, Inc., of Raritan, New Jersey, protests the issuance of a Federal Supply Schedule (FSS) blanket purchase agreement (BPA) to Roche Diagnostics Corporation, of Indianapolis, Indiana, under request for quotations (RFQ) No. RFQ1380363, issued by the Department of Justice, Bureau of Prisons (BOP), for the lease of two integrated chemistry/immunochemistry analyzers for the United States Medical Center for Federal Prisoners in Springfield, Missouri.  Ortho-Clinical argues that the RFQ contained defective specifications and that the BOP misevaluated quotations, treated vendors unequally, and improperly issued the BPA to Roche.  We dismiss the protest in part and deny it in part.  BACKGROUND The RFQ, posted on the General Services Administration e-Buy system on August 22, 2019, sought quotations from vendors holding FSS contracts under Schedule No. 66 III (the clinical analyzers, laboratory, cost-per-test schedule), to lease two analyzers and supply the necessary supplies for 60 months.  The RFQ provided that a single BPA would be issued to the vendor whose quotation provided the best value under three factors:  price, technical, and past performance history.  Agency Report (AR), Tab 4, RFQ, at 17.  The requirement was for two integrated analyzers with the capability to perform clinically validated testing for a list of analyses, including “Bilirubin Conjugated, Bilirubin Total, Bilirubin Unconjugated” and “Syphilis (Automated).”  RFQ at 4.  The requirement was described as being for the installation and lease of the analyzers for 60 months, and the RFQ requested pricing on the basis of a price schedule per each individual sample that would be tested.  To obtain pricing, the RFQ provided a table listing 70 tests on a separate for each, the annual estimated quantity for each test, and blank cells for the vendor to enter two prices on each line.  The tests included “Bilirubin, Unconjugated” (line 11); “MHATP [microhemagglutination assay for Treponema pallidum[1]] (TPPA [Treponema pallidum particle agglutination])” (line 45); “RPR [rapid plasma reagin]” (line 57); and “RPR Titer” (line 58).  Price was to be evaluated using the “total aggregated pricing offered” for all performance periods.  Id.