“DIGEST – Protest challenging quotation’s compliance with the material requirements of the solicitation is denied where the record reveals that the agency’s conclusion that the awardee’s quotation complied with the requirements is reasonable.”
“BACKGROUND – The RFQ, issued on October 30, 2019, to the SEWP V contract holders, sought quotations for personal computers, laptops, monitors, docking stations, and incidental services. Agency Report (AR), Contracting Officer’s Statement (COS) ¶ 3. The requirement was set aside for service-disabled veteran-owned small businesses, and contemplated award to the lowest-priced, responsive, responsible vendor whose quotation conforms to the terms of the RFQ. AR, Tab 4, RFQ at 85.
The RFQ included multiple material technical requirements, which were described in detail in section A.6, as follows:
The Contractor shall ensure that information technology products are procured and/or services are performed with products that meet and/or exceed ENERGY STAR[], FEMP [Federal Energy Management Program] designated, low standby power, and EPEAT[] [Electronic Product Environmental Assessment Tool] guidelines. The Contractor shall provide/use products that earn the ENERGY STAR label and meet the ENERGY STAR specifications for energy efficiency…”
“DISCUSSION – The protester challenges the award to Colossal, arguing that the awardee’s quotation was noncompliant with the terms of the RFQ in several respects, and that the agency improperly waived material solicitation requirements. Protest at 9. Specifically, Alvarez argues that Colossal quoted a monitor that is “not Energy Star certified” and two monitors that are not TAA compliant. Id. at 10. We have considered all of the allegations raised by Alvarez and find no basis to sustain the protest. Below, we discuss Alvarez’s principal contentions.
Energy Star Certification Requirement
Alvarez argues that Colossal’s quoted monitor, identified as Philips [DELETED], fails to conform to the solicitation requirements because it is not on the Energy Star qualified products list (QPL). Protest at 10. In support, Alvarez provides an excerpt from the Energy Star website, with the results of a search for the Philips [DELETED] monitor that Alvarez conducted on February 17, 2020, showing that the search yielded no results. Protest, exh. 11, Energy Star Certification Search Results for Philips Monitors….”
“DECISION – Alvarez, LLC, of Tysons Corner, Virginia, protests the award of a delivery order to Colossal Contracting, LLC, of Annapolis, Maryland, under request for quotations (RFQ) No. 36C10B20Q0026, issued by the Department of Veterans Affairs (VA) to the holders of the National Aeronautics and Space Administration Solutions for Enterprise Wide Procurement (SEWP V) governmentwide acquisition contract for computer hardware, software, incidental services, and components. The protester contends that the awardee’s quotation failed to comply with several material RFQ requirements.
We deny the protest.”
