TrillaMed LLC (36C10G24Q0094)

Case: B-423042 Agency: Department of Veterans Affairs : Department of Veterans Affairs Date: 2025-01-08 Denied
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B-423042,B-423042.2 Jan 08, 2025 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights TrillaMed, LLC, of Bingham Farms, Michigan, a small business, protests the award of a requirements contract to Lovell Government Services, Inc., of Pensacola, Florida, also a small business, under request for quotations (RFQ) No. 36C10G24Q0094, issued by the Department of Veterans Affairs (VA) for commercial cordless surgical bone saws for VA medical centers nationwide. TrillaMed contends that the VA misevaluated both firms' quotations and made an unreasonable source selection decision. We deny the protest. View Decision Decision Matter of: TrillaMed, LLC File: B-423042; B-423042.2 Date: January 8, 2025 Julie M. Nichols, Esq., and James S. Phillips, Esq., Roeder, Cochran, Phillips, PLLC, for the protester. Christopher L. Lockwood, Esq., Jon D. Levin, Esq., Richard J.R. Raleigh, Jr., Esq., and Virginia L. Gibson, Esq., Womble Bond Dickinson (US) LLP, for Lovell Government Services, Inc., the intervenor. Laura Reass, Esq., and Shawn Larson, Esq., Department of Veterans Affairs, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency misevaluated quotations and made an unreasonable source selection decision is denied where the record shows the evaluation, conducted under simplified acquisition procedures, was reasonable and consistent with the terms of the solicitation and the source selection decision documented a reasonable price-technical tradeoff in favor of awardee’s lower-rated technical quotation and lower price. DECISION TrillaMed, LLC, of Bingham Farms, Michigan, a small business, protests the award of a requirements contract to Lovell Government Services, Inc., of Pensacola, Florida, also a small business, under request for quotations (RFQ) No. 36C10G24Q0094, issued by the Department of Veterans Affairs (VA) for commercial cordless surgical bone saws for VA medical centers nationwide. TrillaMed contends that the VA misevaluated both firms’ quotations and made an unreasonable source selection decision. We deny the protest. BACKGROUND The RFP, issued March 20, 2024, sought quotations from firms to supply specific types of cordless surgical bone saws and accessories, such as rechargeable batteries and battery packs, under a requirements contract for a base year and four option years. Agency Report (AR), Tab 3, RFQ at 2-3. The RFQ informed vendors that the award would be made using simplified acquisition procedures consistent with Federal Acquisition Regulation (FAR) section 13.106-2 and identified two evaluation factors: technical and price. AR, Tab 3F, RFQ attach. D at 12. The contract was to be awarded to the vendor whose quotation provided the best value considering both technical capability and price, and the RFQ stated that the VA would make “comparative evaluations” and therefore the quotations should highlight any advantages of the equipment being offered. Id. The RFQ also specified that all items had to be “covered by the manufacturer’s warranty.” Id. The RFQ defined the requirement as brand name or equal and specified the brand name Stryker and specific models of its products. Consistent with a brand name or equal specification, the RFQ identified salient characteristics that a quotation offering an equal product had to demonstrate to be eligible for award. AR, Tab 3, RFQ at 6-7. The RFQ did not provide details about the technical evaluation beyond a statement that satisfying all salient criteria was necessary for the quotation to receive an acceptable rating. AR, Tab 3F, RFQ attach. D at 12. There were five salient characteristics in the RFQ that applied to most[1] of the items: must be cordless/battery operated; keyless chuck or collet locking mechanism; temporarily submersible in water; able to be sterilized; and must be automated washer compatible. AR, Tab 3, RFQ at 6. The RFQ also provided a pricing schedule in the form of an electronic spreadsheet that would calculate total evaluated prices using unit prices inserted by the vendor for each item in each year. The spreadsheet added a three percent fee, and then multiplied the result by the estimated quantities for each item. See generally, AR, Tab 3C, RFQ attach. A (electronic spreadsheet). The VA received quotations from two vendors: TrillaMed and Lovell. Lovell quoted products by the manufacturer CONMED, of Largo, Florida, and submitted information to show that its products met the salient characteristics to be considered equal and eligible for award, for a total evaluated price of $5.1 million.[2] AR, Tab 5, Best-Value Determination at 9. TrillaMed quoted the Stryker brand name products and submitted information to show that its products also met the salient characteristics, for a total evaluated price of $5.8 million.

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