Hilti, Inc.

B-265662 Dec 19, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest of award to offeror of alternate product is sustained where agency failed to apprise offerors that interchangeability for purposes of only one limited application was required. The expansion shields are used to anchor items to concrete. Were interchangeable with the brand name Hilti part requested by the solicitation. The solicitation did not specify the application for which the anchors were being acquired. Which allows firms to offer alternate products which are physically. Award was to be made to the offeror of an acceptable product whose price was most advantageous to the government. Were as follows: Offeror Unit Price Product Offered Liebig $2.14 Liebig P/N LAH 34.558 Cast Sales $3.29 Rawl Plug P/N 6954 Apex Pinnacle $3.30 ANKR-TITE 5/8 Female Wedge Anchor Kampi Components $3.85 Liebig P/N LAH 34.558 San Diego Supply $4.04 Rawl Plug P/N 6954 Hilti $4.1985 Exact Item After reviewing data describing the Liebig. View Decision Matter of: Hilti, Inc. File: B-265662 Date: December 19, 1995 Protest of award to offeror of alternate product is sustained where agency failed to apprise offerors that interchangeability for purposes of only one limited application was required. Attorneys DECISION Hilti, Inc. protests the award of a contract to Liebig International, Inc. under request for proposals (RFP) No. SPO500-95-R-0100, issued by the Defense Logistics Agency (DLA) for expansion shields. The expansion shields are used to anchor items to concrete. Hilti contends that the agency improperly determined that the Liebig item and the item offered by a third manufacturer, Rawl Plug, were interchangeable with the brand name Hilti part requested by the solicitation. The protester further argues that if the Liebig and Rawl Plug parts in fact satisfy the agency's requirements, the agency overstated its needs by requesting an item interchangeable with its brand name product. We sustain the protest. BACKGROUND The RFP, as amended, requested offers on 37,900 expansion shields, Hilti Part No. HSL M12/50, also identified by National Stock Number 5340-01-371-2434. The solicitation did not specify the application for which the anchors were being acquired. The RFP incorporated DLA's "Products Offered" clause, which allows firms to offer alternate products which are physically, mechanically, electrically, and functionally interchangeable with the product identified in the solicitation. Award was to be made to the offeror of an acceptable product whose price was most advantageous to the government. Nine offerors responded to the RFP by the March 31, 1995, closing date. The six low offerors, their prices, and the products they offered, were as follows: Offeror Unit Price Product Offered Liebig $2.14 Liebig P/N LAH 34.558 Cast Sales $3.29 Rawl Plug P/N 6954 Apex Pinnacle $3.30 ANKR-TITE 5/8 Female Wedge Anchor Kampi Components $3.85 Liebig P/N LAH 34.558 San Diego Supply $4.04 Rawl Plug P/N 6954 Hilti $4.1985 Exact Item After reviewing data describing the Liebig, Rawl Plug, and ANKR-TITE anchors, the agency's technical specialist determined that both Liebig P/N LAH 34.558 and Rawl Plug P/N 6954 were acceptable, but that the ANKR-TITE part was not. He did not record his analysis in reaching this conclusion; thus, there is no evidence in the record as to which characteristics of the Hilti part he considered in comparing the Liebig and Rawl anchors to it. [1] The agency conducted discussions with all the offerors of technically acceptable products and requested best and final offers. Liebig remained the low offeror, with a unit price of $2.14; Cast Sales, which lowered its unit price to $2.94, remained second low. Hilti, which did not revise its unit price of $4.1985, was fifth low. On July 28, the agency awarded a contract to Liebig. ANALYSIS DLA argues that its technical specialist reasonably determined the Liebig anchor to be interchangeable with the specified Hilti part. [2] In this regard, the agency contends that the two anchors are similar in design [3] and that the Liebig part has a more favorable ratio between its tension and shear working loads compared to ultimate loads. The agency also notes that, although unknown to the contracting officer at the time of evaluation, the Air Force had developed a specification for anchor bolts to be used to secure fiberglass mats to concrete pavement, which stated that both Hilti P/N HSL M12/50 and Liebig P/N LAH 34.558 would be acceptable without further testing. Hilti contends that the evidence presented by the agency does not establish that the Liebig part is interchangeable with its part. In particular, the protester asserts that the Liebig part is inferior to its part with respect to two performance characteristics: clamping capability and dynamic performance.