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B-401130 1 (2009-05-13)

handle is hein.gao/gaobadavy0001 and id is 1 raw text is: G A 0 Comptroller General KWn , Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Spectrum Systems, Inc. File: B-401130 Date: May 13, 2009 Ralph L. Lotkin, Esq., for the protester. Richard Martinelli, Esq., Department of the Navy, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency properly accepted a quotation that complied with the solicitation's requirements, where there was no significant countervailing evidence reasonably known to the agency evaluators that should have created doubt as to whether the vendor will or can comply with the solicitation's requirements; whether the vendor, whose quotation agreed without exception to furnish a product in accordance with the terms of the solicitation, actually delivers a product compliant with the terms of the solicitation is a matter of contract administration, which is for consideration by the contracting agency, rather than GAO. 2. Agency, in calculating the vendors' proposed prices and in its best value analysis, properly did not perform a life cycle cost analysis regarding the solicited software and associated maintenance, where the solicitation did not provide for the performance of a life cycle cost analysis. DECISION Spectrum Systems, Inc. of Fairfax, Virginia protests the establishment of a blanket purchase agreement with MTM Technologies of Stamford, Connecticut, under request for quotations (RFQ) No. N00104-09-Q-ZF30, issued by the Department of the Army, for Data at Rest encryption software used to protect stored electronic information. Spectrum argues that the product offered by MTM fails to comply with a material requirement of the solicitation, and that the agency's price evaluation was inconsistent with the terms of the solicitation. We deny the protest.

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