B-309784; B-309784.2, CAMSS Shelters, October 19, 2007

B-309784; B-309784.2, CAMSS Shelters, October 19, 2007 TITLE: B-309784; B-309784.2, CAMSS Shelters, October 19, 2007 BNUMBER: B-309784; B-309784.2 DATE: October 19, 2007 ****************************************************** B-309784; B-309784.2, CAMSS Shelters, October 19, 2007 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: CAMSS Shelters File: B-309784; B-309784.2 Date: October 19, 2007 William A. Shook, Esq., George M. Koehl, Esq., Victor G. Vogel, Esq., and Kelley P. Doran, Esq., Kirkpatrick & Lockhart Preston Gates Ellis LLP, for the protester. Richard J. Conway, Esq., Robert J. Moss, Esq., and Justin A. Chiarodo, Esq., Dickstein Shapiro LLP, for Alaska Structures, Inc., an intervenor. Capt. Christy J. Kisner, and Lt. Col. John M. Dowling, Department of the Air Force, for the agency. Paul N. Wengert, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the rejection of a quotation as unacceptable is denied where the quotation submitted in response to a solicitation for shelters on brand-name-or-equal basis was properly found not to meet the solicitation's salient characteristics. 2. Protest alleging that the awardee's brand name product does not meet the salient characteristics in the solicitation is dismissed as untimely; any alleged inconsistency between a brand name item and the salient characteristics used to define an "or equal" product must be protested prior to the closing time for receipt of offers, or in this case, quotations. DECISION California Industrial Facilities Resources, Inc., doing business as CAMSS Shelters (CAMSS), a small business, protests the issuance of a purchase order to Alaska Structures, Inc. (ASI) by the Department of the Air Force under request for quotations (RFQ) No. FA4452-07-Q-A055 for nine 18 foot by 26 foot shelters. CAMSS objects that its lower-priced quotation was unreasonably rejected as unacceptable, while the requirements were waived for ASI. We deny the protest. BACKGROUND On June 22, 2007, the Air Force posted a combined synopsis/solicitation on the FedBizOpps.gov website; the solicitation was issued as a small business set-aside. The RFQ requested quotations to supply nine "Brand Name or Equal Alaska Extreme 1836 Shelter[s]" and identified ASI's part number AK-18EXT-26-2.[1] Since the RFQ indicated that the Air Force was seeking a specific brand name item, the solicitation also provided a list of 28 salient characteristics, in order that other firms could determine whether they could supply an equivalent item. The salient characteristics in the RFQ began with the shelter dimensions: a maximum width of 18 feet, a maximum length of 26 feet, and a minimum footprint of 468 square feet. The RFQ continued to other salient characteristics, four of which bear on the issues in this protest: 12. The one-piece liner system must have been tested and approved by the USAF [United States Air Force] in a U.S. government test facility 18. (2) 120v receptacle lines with 3 molded tri-plex outlets 27. Shelter must have been successfully tested by an independent laboratory to withstand a[n] 80 mph [miles per hour] sustained wind load for at least 30 minutes with intermittent 100 mph wind gust (include final test report with bid) 28. Shelter must have been successfully tested by an independent laboratory to withstand a 15 pound per square foot snow load (include final test report with bid) RFQ at 2-3. The RFQ also required vendors offering an "equal product" to submit documentation showing that their shelters would meet all of the salient characteristics. Id. at 3. Finally, the RFQ stated that the Air Force would purchase the shelters from the lowest-priced vendor whose shelters met the requirements in the RFQ. Id. The Air Force received quotations from both ASI and CAMSS. ASI's quotation identified its "Alaska Extreme 1826 Shelter" at a total price of $183,015.00. ASI Quotation, at 1. CAMSS's quotation offered its "CAMSS18EX Expeditionary Shelter System" at a total price of $97,410.99. Since the CAMSS quotation offered a product it asserted was equal to the brand name item, it also addressed the salient characteristics.