Konica Minolta Business Solutions USA, Inc. (SP7000-19-R-1002)

B-418800,B-418800.2 Sep 04, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Konica Minolta Business Solutions U.S.A., Inc., of Vienna, Virginia, protests the award of a contract to Paragon-One Group, LLC, of Gaithersburg, Maryland, under request for proposals (RFP) No. SP7000-19-R-1002, issued by the Defense Logistics Agency (DLA), for managed print services (MPS) software, training, and maintenance. The protester contends that Paragon-One's proposed software solution does not meet all of the technical requirements of the statement of work (SOW), and should have been rejected as unacceptable. 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:  Konica Minolta Business Solutions USA, Inc. File:  B-418800; B-418800.2 Date:  September 4, 2020 Jeremy W. Dutra, Esq., Karen R. Harbaugh, Esq., and John R. Sharp, Esq., Squire Patton Boggs (US) LLP, for the protester. Alan Grayson, Esq., for Paragon-One Group, LLC, the intervenor. Bruce T. McCarty, Esq., Defense Logistics Agency, for the agency. Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of the awardee’s proposal as technically acceptable is denied where the evaluation was reasonable and consistent with the solicitation. DECISION   Konica Minolta Business Solutions U.S.A., Inc., of Vienna, Virginia, protests the award of a contract to Paragon-One Group, LLC, of Gaithersburg, Maryland, under request for proposals (RFP) No. SP7000-19-R-1002, issued by the Defense Logistics Agency (DLA), for managed print services (MPS) software, training, and maintenance.  The protester contends that Paragon-One’s proposed software solution does not meet all of the technical requirements of the statement of work (SOW), and should have been rejected as unacceptable. We deny the protest. BACKGROUND The agency issued the RFP on August 12, 2019, using the commercial item procedures of Federal Acquisition Regulation (FAR) part 12 in conjunction with the negotiated contracting procedures of FAR part 15.  Agency Report (AR), Tab 2, RFP at 1.  The RFP contemplated award of an indefinite-delivery, indefinite-quantity contract with an ordering period of up to three years, against which fixed-price orders will be issued.  Id. at 3.  The maximum program ceiling is 50,000 licenses or a maximum contract value of $57,792,000, whichever is reached first.  Id.  The SOW provided that the agency was seeking a commercial-off-the-shelf (COTS) solution.  AR, Tab 5, SOW at 1. As relevant here, the RFP required that offerors’ technical proposals demonstrate compliance with all technical requirements in the SOW.  Id. at 4, 7.  The RFP stated:  “The Government will evaluate the offeror’s ability to meet all technical requirements for [the] proposed MPS software solution required. The Government will evaluate the offeror’s proposed MPS software solution for meeting all specific technical requirements in-accordance-with the SOW.”  Id. at 7.  Additionally, the RFP required that offerors submit with their proposals a signed SOW compliance form, included in the RFP as an attachment, stating that the offeror “hereby agrees to comply with all technical requirements set forth in the [SOW] without any caveats/deviations.”  Id. at 4; RFP attach. 4, SOW Compliance Form. The RFP stated that award would be made to the lowest-priced, technically acceptable (LPTA) proposal, subject to testing and approval.[1]  RFP at 3.  The RFP further advised that the contracting officer may use a reverse auction to conduct price discussions, and required that offerors agree to participate in the reverse auction.  Id. at 8. The agency received six proposals, including from Paragon-One and Konica Minolta.  AR, Tab 4, Price Negotiation Memorandum (PNM) & Source Selection Decision Document (SSDD) at 2.  The agency concluded that four proposals were ineligible to proceed to the reverse auction phase of the procurement.  Id. at 6.  Following discussions, both Paragon-One and Konica Minolta were found to be technically acceptable with acceptable past performance.  Id. at 8.  At the end of the reverse auction, Paragon-One’s evaluated price was $968,738 and Konica Minolta’s evaluated price was $1,808,262.  Id.