Enterprise Technology Solutions, Inc. (5000140823-5000160000)

B-422088 Dec 20, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Enterprise Technology Solutions, Inc., an economically disadvantaged women-owned small business (EDWOSB) of College Park, Maryland, protests the award of a contract to FedGovIT, Inc., an EDWOSB of Orlando, Florida, under request for proposals (RFP) No. 5000140823-5000160000, issued by the Department of Treasury, Internal Revenue Service (IRS) for servers and high-speed mail inserters. Enterprise contends that the agency's evaluation was inconsistent with the terms of the RFP and that the agency erred when it eliminated the protester from the competition without first seeking clarifications from the protester. We deny the protest. View Decision Decision Matter of: Enterprise Technology Solutions, Inc. File: B-422088 Date: December 20, 2023 George Belly, for the protester. Timothy G. Kelly, Esq., Nickolas S. Card, Esq., Gregory J. Matherne, Esq., Richard L. Hatfield, Esq., Department of the Treasury, for the agency. Suresh S. Boodram, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of the protester’s proposal as technically unacceptable is denied where the record demonstrates that the agency’s evaluation was reasonable and in accordance with the terms of the solicitation; it is an offeror’s responsibility to submit an adequately written proposal, and agencies are generally not required to engage in clarifications that could give offerors an opportunity to clarify aspects of their proposal. DECISION Enterprise Technology Solutions, Inc., an economically disadvantaged women-owned small business (EDWOSB) of College Park, Maryland, protests the award of a contract to FedGovIT, Inc., an EDWOSB of Orlando, Florida, under request for proposals (RFP) No. 5000140823-5000160000, issued by the Department of Treasury, Internal Revenue Service (IRS) for servers and high-speed mail inserters. Enterprise contends that the agency’s evaluation was inconsistent with the terms of the RFP and that the agency erred when it eliminated the protester from the competition without first seeking clarifications from the protester. We deny the protest. BACKGROUND The agency issued the RFP on September 15, 2023, with an amended closing date of September 22, 2023. Agency Report (AR), Tab D.1, RFP; Tab D.2, RFP, amend. 1. As part of the IRS’s large print systems replacement, the instant procurement is designed to replace over age, obsolete large print systems, high-speed mail inserters, and servers with standardized new equipment that will be used for printing, inserting, sorting and mailing IRS correspondence. AR, Tab D.1, RFP at 3. The RFP contemplated the issuance of a single purchase order for the provision of 26 mail machine inserters and 3 servers at three IRS locations, along with ancillary services, during a 12-month performance period. Id. at 3, 7. In conjunction with the RFP, the agency issued a letter to offerors, which described the purpose of the RFP, the evaluation criteria, and evaluation factors. AR, Tab D.3, Letter to Offerors (Letter). The letter indicated that offers would be evaluated on the basis of three factors: (1) price; (2) technical; and (3) past performance. Id. at 2. The agency stated award would be made on a lowest-price, technically acceptable (LPTA) basis. Id. at 1. The letter further provided that the government intended to make an award based on the initial proposals it received, but it did reserve the contacting officer’s right to contact an offeror if further information was required for clarification.[1] Id. at 2. Regarding technical acceptability, the agency noted that each offer would be evaluated in accordance with the technical evaluation factors listed in the RFP, sections II, 3.0, 3.1, 3.2, and 3.3. Id. Of particular relevance to this protest, section 3.2 of the RFP provided that the offeror’s inserter software must comply with government-wide and bureau-specific security policies “at the time of Ready for Use (RFU).” AR, Tab D.1, RFP at 5. In accordance with these security policies, each offerors’ inserter software was required to be compliant with Internet Protocol Version 6 (IPv6). Id. Additionally, section 3.3 required each server to include both Microsoft and VMware cloud computing software licenses. Id. at 7. The IRS received proposals from Enterprise and FedGovIT by the RFP’s amended closing date. Memorandum of Law (MOL) at 2. In its proposal, Enterprise indicated that its products were only IPv4 compliant; with respect to the RFP’s IPv6 requirement, the protester represented, without elaboration, that “IPv6 testing is being pursued for compliance but there is no specific date when compliance will be confirmed,” and that the IPv6 requirement was “challenging for all vendors to comply with.” AR, Tab E, ETSI Proposal at 15.