Black Security Products, LLC (B-423082)

You should not care.

Category: LPTA, compliance

Date: 20 December 2024

URL: https://www.gao.gov/products/b-423082

Black Security Products, LLC (BSP), a small business, protested Homeland Security's award of a purchase order for active-vehicle-barrier systems to Global Grab Technologies, Inc. BSP argued its quote had been unfairly evaluated as technically unacceptable under the solicitation's lowest-priced, technically acceptable (LPTA) criteria. GAO denied the protest, finding the agency’s decision reasonable and aligned with the solicitation’s requirements.

Failure to address material requirements: BSP explicitly marked "no bid" for an electrical package required by the solicitation, a critical technical element. Despite asserting elsewhere that it would meet all requirements, GAO determined BSP failed to affirmatively demonstrate compliance.

Responsibility for clear proposals: GAO emphasized that offerors bear the responsibility to submit proposals that clearly demonstrate compliance with solicitation terms. Agencies are not obligated to infer compliance from general or ambiguous statements.

The protest was denied because BSP's noncompliance with the RFQ's electrical package requirement was sufficient to render its quote technically unacceptable.

Digest

Protest challenging the agency’s evaluation of the protester’s technical quotation as technically unacceptable is denied where the record shows that the agency’s evaluation was reasonable and in accordance with the terms of the solicitation.