Sarandrea Associates Group Corporation (36C10X20Q0078)

B-418728 Jun 29, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Sarandrea Associates Group Corporation, a service-disabled veteran-owned small business (SDVOSB) of Sunrise, Florida, protests the issuance of a purchase order to BWhit Infrastructure Solutions, LLC, of New York, New York, under request for quotations (RFQ) No. 36C10X20Q0078, issued by the Department of Veterans Affairs (VA) for paper shredders. The protester contends that the agency's evaluation of vendors' quotations and resulting award decision were improper. We deny the protest. 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:  Sarandrea Associates Group Corporation File:  B-418728 Date:  June 29, 2020 Edward J. Tolchin, Esq., Offit Kurman, P.A., for the protester. Francis P. Gainer, Esq., Department of Veterans Affairs, for the agency. Lillian I. Ofili, Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging the agency’s determination that protester’s quotation was technically unacceptable is denied where the record shows that the evaluation was reasonable and in accordance with the terms of the solicitation. 2.  Protest alleging that the awardee’s brand name product does not meet the salient characteristics in a “brand name or equal” solicitation is dismissed as untimely; any alleged inconsistency between a brand name item and the salient characteristics used to define an “or equal” product must be protested prior to the closing time for receipt of quotations. DECISION   Sarandrea Associates Group Corporation, a service-disabled veteran-owned small business (SDVOSB) of Sunrise, Florida, protests the issuance of a purchase order to BWhit Infrastructure Solutions, LLC, of New York, New York, under request for quotations (RFQ) No. 36C10X20Q0078, issued by the Department of Veterans Affairs (VA) for paper shredders.  The protester contends that the agency’s evaluation of vendors’ quotations and resulting award decision were improper.[1]  We deny the protest. BACKGROUND The RFQ was issued on April 6, 2020 as a competitive SDVOSB set-aside, pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 12.6 (acquisition of commercial items) and part 13 (simplified acquisition procedures).[2]  Agency Report (AR), Tab 4, RFQ at 3; Contracting Officer’s Statement (COS) at 3.  The solicitation contemplated the issuance of a fixed-price purchase order, for seven high security, cross-cut paper shredders and related accessories, on a brand name or equal basis.  RFQ at 6; Memorandum of Law (MOL) at 1.  The RFQ identified two evaluation criteria--technical and price--and provided that award was to be made on a lowest-price, technically acceptable basis.  RFQ at 31.  The RFQ described the brand name or equal requirement as follows:  “Shredders are required to be . . . brand name or equal to Datastroyer 1628 MS High Security Shredder and meet or exceed the salient characteristics provided below. . . .”  AR, Tab 6, RFQ amend. 2 at 5.  The solicitation listed 10 salient characteristics.  Relevant here, one of the salient characteristics required the offered item to “[h]ave a maximum sheet capacity between 13-20 pages.”  Id. The VA received quotations from three vendors, including Sarandrea and BWhit, by the solicitation’s April 20 due date.  AR, Tab 14, Best-Value Determination (BVD) at 3; COS at 5.  The agency evaluated Sarandrea’s quotation and found that its offered product (DAHLE 20394) was technically unacceptable because it did not meet the RFQ’s specification for sheet capacity between 13-20 pages.[3]  AR, Tab 14, BVD at 5-6.  The VA then evaluated BWhit’s quotation, which offered the specified brand name item (Datastroyer 1628 MS), and found it to be technically acceptable.  AR, Tab 10, BWhit Quotation at 3; Tab 14, BVD at 6.  On April 29, the contracting officer, as the source selection authority, determined that BWhit had submitted the lowest-priced, technically acceptable quotation.  AR, Tab 14, BVD at 8-9; COS at 5-6.  The agency issued a purchase order to BWhit on April 30, and published notice of award on May 1.  COS at 5-6; AR, Tab 17, Award Notice.  This protest followed. DISCUSSION Sarandrea challenges the agency’s evaluation in two respects.  First, the protester argues that the VA misevaluated its quotation with regard to one of the RFQ’s salient characteristics.  Protest at 4.  Second, Sarandrea contends that the brand name product quoted by the awardee does not meet all of the RFQ’s salient characteristics, which led to an unequal evaluation.  Id.