Decision released related to Air Force electronic search and data tool license protest sustainment

DIGEST

Protest challenging the issuance of a task order under a brand-name-or-equal procurement is sustained where record shows that agency improperly issued the task order based on a non-conforming quotation.

DISCUSSION

RELX argues that the West quotation is technically unacceptable because it does not meet several of the salient characteristics listed in the RFQ.  RELX also argues that issuing the task order to West was legally impermissible because not all the required components of its proposed solution are included on its FSS contract, and the firm included “open market” elements in its response to the RFQ.    We have considered all of RELX’s allegations.  We conclude that the agency’s actions were improper because, in fact, there are elements of the West product that do not meet the salient characteristics of the solicitation, and also that West’s quotation included “open market” items not available under the firm’s FSS contract.  We discuss our conclusions in detail below.    Failure to Meet the Salient Characteristics  RELX argues that the West quotation failed to meet several of the RFQ’s salient characteristics.  We agree with RELX.  We discuss RELX’s principal assertion relating to West’s failure to meet the RFQ’s salient characteristics for illustrative purposes.  We need not discuss the merits of RELX’s remaining assertions in any detail because we conclude that it was improper for the agency to have made award to West based on its quotation.  Under a brand name or equal solicitation, a firm offering an equal product must demonstrate that the product conforms to the salient characteristics of the brand name product listed in the solicitation.  OnSite Sterilization, LLC, B-405395, Oct. 25, 2011, 2011 CPD ¶ 228 at 3.  In general, the particular features of the brand name item identified in the solicitation as salient characteristics are presumed to be material and essential to the government’s needs, and quotations offering other than the brand name product that fail to demonstrate compliance with the stated salient characteristics should properly be rejected as unacceptable.  Sourcelinq, LLC–Protest & Costs, B-405907.2 et al., Jan. 27, 2012, 2012 CPD ¶ 58 at 4.  In reviewing protests of agency evaluations, we review the record to ensure that the evaluation and source selection decision were reasonable and consistent with the terms of the solicitation and applicable procurement statutes and regulations.  Ricoh America’s Corp., B-402239, Feb. 22, 2010, 2010 CPD ¶ 55 at 3.   Among other requirements, RELX directs our attention to salient characteristic 1001, which states as follows:  “Provide a single platform with a singular login to provide maximum workflow efficiency of public records, and records management law enforcement data.  Multiple platforms, applications, or systems are not acceptable.”  RFQ, attach. 1, Salient Characteristics, at 1 (italics supplied).  RELX argues that the West quotation fails to meet this requirement because it includes multiple “platforms” and “applications.”  We agree.

DECISION

RELX, Inc., d/b/a LexisNexis, of Washington, D.C., protests the issuance of a task order to West Publishing Company, of St. Paul, Minnesota, under request for quotations (RFQ) No. 1609916, issued by the Department of the Air Force for an electronic search and data tool license.  RELX argues that the quotation submitted by West does not meet the requirements of the RFQ and should have been rejected.  We sustain the protest.

See the decision here.

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