B-299156, Free&Ben Inc., February 20, 2007

B-299156 Feb 20, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Free&Ben Inc. protests the Defense Logistics Agency's (DLA) issuance of a purchase order for 25,000 plastic tent stakes to Middle Tennessee Plastics, Inc. (MTP). The protester speculates that MTP was given the opportunity to lower its price after the date set for receipt of quotations, thereby displacing the protester as the lowest-priced vendor. The protester argues that the agency improperly failed to consider the thickness of the stakes offered in its evaluation. We deny the protest. View Decision B-299156, Free&Ben Inc., February 20, 2007 Decision Matter of: Free&Ben Inc. File: B-299156 Date: February 20, 2007 Ben Emosivbe for the protester. Lynne Georges, Esq., Defense Logistics Agency, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Under procurement for plastic tent stakes, agency properly did not consider thickness of stakes in its evaluation of quotations where solicitation neither requested such information nor provided for evaluation on such a basis. DECISION Free&Ben Inc. protests the Defense Logistics Agency's (DLA) issuance of a purchase order for 25,000 plastic tent stakes to Middle Tennessee Plastics, Inc. (MTP). The protester speculates that MTP was given the opportunity to lower its price after the date set for receipt of quotations, thereby displacing the protester as the lowest-priced vendor. The protester also argues that the agency improperly failed to consider the thickness of the stakes offered in its evaluation. We deny the protest. BACKGROUND On June 22, 2006, DLA's Defense Supply Center Philadelphia (DSCP) posted a presolicitation notice on the Federal Business Opportunities (FedBizOpps) website announcing its intention to issue a request for quotations (RFQ) for 25,000 plastic tent stakes, National Stock Number 8340-01-478-0136. On September 8, the agency posted a second notice furnishing additional information regarding the forthcoming RFQ. The second notice informed prospective vendors that the RFQ would be posted on DLA's Internet Bulletin Board System (DIBBS) and that the response date would be September 30. When, on September 11, the contracting officer attempted to post the RFQ to the DIBBS, she was unable to do so. Due to the low dollar value of the acquisition and the fact that she –was only interested in the lowest-priced quotation that could meet the requirements of the RFQ,— the contracting officer decided to solicit those vendors who had expressed an interest in the procurement via e'mail. Agency Report (AR), Tab 4, Contracting Officer's Affidavit at 1. The e-mail, dated September 11, explained to the prospective vendors that quotations should be sent via fax to a specified fax number and that the closing date was September 14. AR, Tab 5. The e-mail referred vendors to the modified synopsis posted on the FedBizOpps website on September 8 and furnished them with a copy of the specifications pertaining to the stakes. It also notified vendors that no drawings were available. Due to the inconsistency between the closing date specified in the presolicitation notice (September 30) and the closing date specified in the e-mail (September 14), the contracting officer subsequently extended the closing date to October 4 and notified each of the vendors who had expressed interest of the extension, via telephone. The specifications did not furnish a great deal of information regarding required characteristics of the stakes, noting only that they were to be 12 inches long, polycarbonate, and black; that they were to be in accordance with the DSCP baseline unit (which could be examined by appointment with the contracting officer) and CN Purchase Description (PD) 01-03; that each stake was to be labeled with a pressure sensitive barcode identification; and that they needed to be packaged in a particular type of box. CN PD 01-03 described the modular general purpose tent system of which the stakes were a component; the only additional information in the PD regarding required characteristics of the stakes was that they –must be able to be installed by an individual soldier without power equipment— and that they must be able –to secure the tent through snow, rain and wind testing.— AR, Tab 5, CN PD 01-03, para. 3.2.4. On September 18, Free&Ben, which had apparently just learned of the acquisition, contacted DSCP via e-mail and requested a copy of the specifications. The acquisition specialist complied with the request and advised Free&Ben that the agency was in the process of soliciting quotations and thus that Free&Ben should submit its quotation as soon as possible. AR, Tab 7.