V3Gate, LLC (36C10B22Q0148)

B-421109.5,B-421109.6 Dec 05, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights V3Gate, LLC, of Colorado Springs, Colorado, and Sierra7, Inc., of Falls Church, Virginia, request reconsideration of our decision, Sierra7, Inc.; V3Gate, LLC, B-421109 et al., Jan. 4, 2023, 2023 CPD ¶ 55. In that decision, we denied challenges to the issuance of delivery orders to Minburn Technology Group, LLC, of Great Falls, Virginia, and AATD, LLC, of San Antonio, Texas, under request for quotations (RFQ) No. 36C10B22Q0148, issued by the Department of Veterans Affairs (VA) for personal computers and peripherals. V3Gate and Sierra7 argue that our decision contained errors of fact and law with respect to the VA's conduct of discussions and the evaluation of technical quotations. We dismiss in part and deny in part the requests for reconsideration. 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: V3Gate, LLC; Sierra7, Inc.--Reconsideration File: B-421109.5; B-421109.6 Date: December 5, 2023 Jonathan T. Williams, Esq., Katherine B. Burrows, Esq., Kevin T. Barnett, Esq., and Patrick T. Rothwell, Esq., Piliero Mazza PLLC, for V3Gate, LLC; Thomas K. David, Esq., Kenneth D. Brody, Esq., and Katherine A. David, Esq., Reston Law Group, for Sierra7, Inc., the protesters. Mellany Alio, Esq., and Reza Behinia, Esq., Department of Veterans Affairs, for the agency. Edward Goldstein, Esq., Kenneth E. Patton, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester’s request for reconsideration is dismissed where the evidence in support of the allegation was available to the protester at the time of the filing of the protest but not asserted until the request for reconsideration. 2. Protester’s request for reconsideration is dismissed where GAO considered the merits of an allegation that was untimely and should have been dismissed as untimely. 3. Protester’s request for reconsideration is denied where the protester has failed to demonstrate that the decision contained an error of law or fact. DECISION V3Gate, LLC, of Colorado Springs, Colorado, and Sierra7, Inc., of Falls Church, Virginia, request reconsideration of our decision, Sierra7, Inc.; V3Gate, LLC, B-421109 et al., Jan. 4, 2023, 2023 CPD ¶ 55. In that decision, we denied challenges to the issuance of delivery orders to Minburn Technology Group, LLC, of Great Falls, Virginia, and AATD, LLC, of San Antonio, Texas, under request for quotations (RFQ) No. 36C10B22Q0148, issued by the Department of Veterans Affairs (VA) for personal computers and peripherals. V3Gate and Sierra7 argue that our decision contained errors of fact and law with respect to the VA’s conduct of discussions and the evaluation of technical quotations. We dismiss in part and deny in part the requests for reconsideration. BACKGROUND The RFQ, issued on May 6, 2022, to the holders of the National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP) V governmentwide acquisition contract, sought quotations for personal computers, including laptops, desktops, docking stations, incidental hardware, project/account management, and warranty support services. V3Gate Contracting Officer’s Statement (COS) ¶ 2. The requirement was set aside for service-disabled veteran-owned small businesses and contemplated issuance of two fixed-price delivery orders to the lowest-priced, responsive, responsible vendors whose quotations conformed to the terms of the RFQ. Id. ¶ 3. The agency received 10 quotations from SEWP V contract holders, including those from Sierra7, V3Gate, Minburn, and AATD. Id. ¶ 6. The VA first reviewed all price quotations to determine the evaluated price for each vendor and each vendor’s quoted original equipment manufacturer (OEM).[1] V3Gate COS ¶ 6. The agency evaluated technical quotations and conducted exchanges with all vendors, providing each an opportunity to clarify its initial quotation. Id. On August 15, all vendors provided responses to the clarification requests. Id. The VA again evaluated price for each vendor and then evaluated the two lowest-priced quotations from vendors quoting different OEMs: Minburn--which quoted Dell brand products, and AATD--which quoted Lenovo brand products. Id. ¶ 8. On August 19, after evaluating those two quotations, the VA issued another clarification request to AATD, asking the vendor to clarify its compliance with the RFQ requirement for matching dual wireless antennas. Id. In January 2022, a vendor had requested that the dual internal or dual external antenna requirement be modified to a dual antenna requirement. See V3Gate Agency Report (AR), Tab 24, Internal VA Email, Jan. 27, 2022. That request was never acted upon. See V3Gate COS ¶ 8.