Mission Analytics, LLC (M6739920Q0038)

B-419339 Jan 21, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Mission Analytics, LLC, a small business of Falls Church, Virginia, protests the award of a contract to Rhodes Research, a small business of Las Cruces, New Mexico, under request for quotations (RFQ) M67399-20-Q-0038, issued by the United States Marine Corps, for audio/visual components and installation services. The protester argues that the awardee's proposal fails to meet the salient characteristics established by the solicitation. We dismiss the protest. View Decision Decision Matter of:  Mission Analytics, LLC File:  B-419339 Date:  January 21, 2021 Michael Winters for the protester. Stephenne L. Rhodes, for Rhodes Research, the intervenor. John W. Torresala, Esq., Erin L. Hernandez, Esq., Graeme S. Henderson, Esq., and Ellen B. Clark, Esq., United States Marine Corps, for the agency. Raymond Richards, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest arguing that the agency waived certain solicitation requirements under a brand name or equal procurement is dismissed as untimely.  DECISION   Mission Analytics, LLC, a small business of Falls Church, Virginia, protests the award of a contract to Rhodes Research, a small business of Las Cruces, New Mexico, under request for quotations (RFQ) M67399-20-Q-0038, issued by the United States Marine Corps, for audio/visual components and installation services.  The protester argues that the awardee’s proposal fails to meet the salient characteristics established by the solicitation.  We dismiss the protest.  BACKGROUND The agency issued the solicitation on June 15, 2020, as a small business set-aside, using the procedures of Federal Acquisition Regulation (FAR) part 12, Acquisition of Commercial Items, and part 13, Simplified Acquisition Procedures.  Agency Report (AR), Exh. 1, RFQ at 15, 36.[1]  The agency sought the acquisition, installation, and configuration of interactive digital displays within the Marine Corps Communications‑Electronics School classrooms.  Id. at 25.  As relevant here, the agency sought the following equipment on a brand name or equal basis, with the following pertinent salient characteristics: Contract Line Item Number (CLIN) Component List, Brand Name or Equal 0005 Christie Terra TXO 102 Transmitter or equal Salient Characteristics: -Software Defined Video-over-Ethernet (SDVoE) Compliant -Network:  10 Gigabyte (G) Ethernet 0006 Christie Terra RXO 101 Receiver or equal Salient Characteristics: -SDVoE Compliant - Network:  10G Ethernet 0007 Christie Terra SCO 100 Controller or equal: -SDVoE Compatible   Id. at 21-23, 27.  Vendors were to provide a technical proposal which set forth a technical approach and the parts to be provided along with the specifications (including the product name, make, model, warranty details, and country of manufacturing).  Id. at 34.  If the vendor proposed an equal product, it was required to submit literature depicting the full product specifications to demonstrate the product conforms to the salient characteristics of the listed brand name.  Id.  The solicitation advised that award was to be made on a lowest‑price basis, considering technical capability, past performance and price.  Id. at 36.  A quotation would be considered technically acceptable if it met the requirements of the solicitation, including the salient characteristics of the brand name listed.  Id. at 37.  The agency evaluated only the Rhodes Research quotation, which was the lowest‑priced quotation, and concluded it “quoted equivalent products to conform to the salient characteristics of the brand name requested.”[2]  AR, Exh. 4, Redacted Simplified Acquisition Award Decision at 77.  The agency also concluded that Rhodes Research had acceptable past performance.  Id.  On July 30, the agency posted a notice in the System for Award Management (SAM) that it had issued the award to Rhodes Research in the amount of $60,408.  AR, Exh. 5, Award Notice.  On August 7, Mission Analytics requested a technical debrief, but did not receive a response from the agency.  Req. for Dismissal, Exh. 7, Contracting Officer’s Statement (COS) at 108.  On August 10, Mission Analytics filed a protest with the agency concerning modifications to its quotation and the agency suspended performance on the contract even though some of the hardware and software had been delivered.  Id. at 108-110.  The agency concluded the protest was untimely on August 17.  Id. at 109. On September 14, Mission Analytics filed another protest with the agency arguing that the awardee’s quotation did not meet the salient characteristics of the solicitation.  AR, Exh.