Dwight Tellier Church Organs, Inc., B-292825, December 9, 2003

B-292825 Dec 09, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Which was posted electronically on June 18. Among the minimum specifications for both organs was a requirement for "internal speakers. Each organ was priced at $19. Tellier's Quotation stated: The 814 Leslie is designed as a surround sound. Extra speakers are not needed for this application. The divided expression pedal is not necessary. (These are all adjustable while playing in real time.). The only other vendor to submit a quotation was Wolf Gang Music. Wolf Gang's price for the Biloxi organ was $25. Its price for the Gulfport organ was $19. Arguing that it should have received the order since its quotation was "clearly the lowest price on a recognized highest quality organ suited to the needs of a multi-denominational chapel." /2/ Protest at 4. View Decision Dwight Tellier Church Organs, Inc., B-292825, December 9, 2003 DIGEST Attorneys DECISION Dwight Tellier Church Organs, Inc. protests the rejection of its quotation and the issuance of a purchase order to Wolf Gang Music, Inc. under request for quotations (RFQ) No. 520-39-03, issued by the Department of Veterans Affairs (VA) for two church organs. We deny the protest. The RFQ, which was posted electronically on June 18, 2003, sought quotations for two church organs to be installed in the chapels of two VA health care facilities, one located in Biloxi, and the other in Gulfport, Mississippi. The RFQ set forth minimum specifications for each organ and provided that a failure to meet these requirements might result in rejection of the quotation. The RFQ further provided for award on a "best value" basis, with technical factors, consisting of compliance with specifications, location of dispatch office, and warranty, of slightly greater importance than price. Among the minimum specifications for both organs was a requirement for "internal speakers, with two extra self-contained external speakers (with cabinets and relays)." In addition, the minimum specifications for the Biloxi organ included a requirement for "divided expression pedals (great, swell, crescendo)," while the minimum specifications for the Gulfport organ included a requirement for "divided expression pedals (swell, great/pedal)." /1/ Tellier submitted a quotation for two Hammond XC3M organs, each paired with a Leslie 814 speaker. Each organ was priced at $19,995 (without trade-in of the existing organ) or $16,995 (with trade-in of the existing organ). In response to the requirement (pertaining to the organs for both locations) for two extra speakers, Tellier's Quotation stated: The 814 Leslie is designed as a surround sound. Extra speakers are not needed for this application. Tellier's Quotation at 3, 5. In response to the requirement for divided expression and crescendo pedals for the Biloxi organ and the requirement for divided expression pedals for the Gulfport organ, Tellier's quotation stated: Due to the extremely controllable features of this organ, the divided expression pedal is not necessary. (These are all adjustable while playing in real time.) With the large amount of preset memory available on this organ a crescendo can be programmed on one bank of the preset memory. Id. The only other vendor to submit a quotation was Wolf Gang Music, Inc. On July 23, the VA issued a purchase order for two Allen organs to Wolf Gang. Wolf Gang's price for the Biloxi organ was $25,638, and its price for the Gulfport organ was $19,598. Following an agency-level protest that the contracting officer denied on August 20, Tellier protested to our Office, arguing that it should have received the order since its quotation was "clearly the lowest price on a recognized highest quality organ suited to the needs of a multi-denominational chapel." /2/ Protest at 4. In responding to Tellier's protest, the VA explained that Tellier's quotation was rejected because the protester failed to demonstrate compliance with the above-noted minimum specifications. The protester takes issue with this determination, arguing that while its organ/speaker combination may not comply with the stated requirements of the RFQ, it does address the agency's underlying needs. In this connection, the protester argues that while the Hammond organ on which it quoted has only a single expression pedal, it offers an alternative means of volume control--i.e., "every stop (voice) on both manuals has a volume control called a drawbar," with 16 steps of sound level. Protester's Comments, Oct. 26, 2003, at 1. The protester analogizes the difference between the Hammond organ's system of volume control and the Allen organ's system to "the difference between the automatic gear shift in a vehicle being on the floor console versus the steering column." Id. at 1-2. Tellier further argues that while the Hammond organ does not have a crescendo pedal, it has preset keys that can be programmed for a crescendo effect.