The protester challenged its elimination due to the page limits and cover page requirements. It argued that a standalone graphic title page should not have been counted against the page limit for the cover page. GAO analyzed the applicable regulations and the solicitation's express requirements and found that the agency's evaluation was reasonable and aligned with the terms of the solicitation.
Hive Group, LLC, GAO, B-423677
- Background - The Department of Commerce issued a Request for Quotations (RFQ) for advisory and integrated management solutions support services to establish multiple blanket purchase agreements. Hive Group, LLC submitted a quotation that included a cover page exceeding the two-page limit specified in the RFQ. The agency deemed it noncompliant and excluded it from consideration. Hive protested.
- Noncompliance Evaluation - The protester argued that the agency incorrectly counted a standalone graphic title page as part of its cover page. The agency contended that the RFQ explicitly mandated a two-page limit for the cover page with specific required information. GAO held that the agency reasonably interpreted the protester's submission and correctly found it noncompliant due to the failure to adhere to the established format and content requirements.
- Page Limit Discretion - The protester claimed the agency’s answers to the final Q&A confirmed that additional pages could be submitted without counting towards the limit. GAO clarified that the Q&A did not give vendors the latitude to include extra documents like a standalone graphic title page.
- Burden of Compliance - The agency emphasized that the protester bore the burden of ensuring its quotation was adequately prepared and that adherence to outlined format and content requirements was crucial. GAO underscored that inconsistencies with solicitation requirements are not minor irregularities that agencies must overlook. The agency acted within its discretion when excluding the quotation.
The protester is represented by Richard Kelley, Esq., of Bean, Kinney & Korman, PC. The government is represented by Marlene Egierski, Esq., and Jillian Stern, Esq., of the Department of Commerce. GAO attorneys Christine Martin, Esq., and Tania Calhoun, Esq., participated in the decision.