B-310759; B-310759.2, Tiger Truck LLC, February 7, 2008

Case: B-310759 Agency: Protester: B Date: 2008-02-07 Denied In Part
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B-310759; B-310759.2, Tiger Truck LLC, February 7, 2008 TITLE: B-310759; B-310759.2, Tiger Truck LLC, February 7, 2008 BNUMBER: B-310759; B-310759.2 DATE: February 7, 2008 ******************************************************* B-310759; B-310759.2, Tiger Truck LLC, February 7, 2008 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: Tiger Truck LLC File: B-310759; B-310759.2 Date: February 7, 2008 David P. Metzger, Esq., and Kristen E. Ittig, Esq., Arnold & Porter LLP, for the protester. James H. Roberts, III, Esq., and Carrol H. Kinsey, Jr., Esq., Van Scoyoc Kelly PLLC, and Henry P. Schrenker, Esq., The Schrenker Law Firm, for Mag International, Inc., an intervenor. Lee W. Crook, III, Esq., and Erica Stigall, Esq., General Services Administration, for the agency. Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that successful vendor did not furnish a quotation for utility trucks with features requested by the agency such as E-85 (ethanol) engines and automatic transmissions is denied where it was clear from the successful vendor's quotation that it was offering trucks with the specified features. 2. Where request for quotations required past performance references from customers who had purchased vehicles of "the same or similar makes and models" as those solicited, vendors were not restricted to submitting references from customers who had previously purchased vehicles identical to those solicited. DECISION Tiger Truck LLC protests the General Services Administration's (GSA) issuance of a task order for utility trucks and vans to Mag International, Inc. pursuant to request for quotations (RFQ) No. QSDACEB-Z4-07-2320. The protester argues that Mag's quotation should have been rejected as technically unacceptable. We deny the protest. The RFQ was issued by GSA's Federal Acquisition Service to acquire vehicles on behalf of the Department of the Air Force. The solicitation sought quotations for the delivery of five types of utility trucks and vans to over 70 different locations both in and outside the United States.[1] The utility vehicles have a maximum speed of 25 m.p.h. and are not designed for use on commercial roadways or interstate highways; that is, they are for use on base only. The RFQ furnished a technical description for each type of vehicle, which defined required features of the vehicles such as their rated load capacity, gross weight rating, prime mover (i.e., engine) type, transmission type, and seating capacity. The solicitation also identified several customized options that the Government might request on particular vehicles. Of relevance to this protest, these options included an E-85 (ethanol) engine (in place of the standard gas engine) and an automatic transmission.[2] Pricing spreadsheets identified the optional features to be included on the vehicles ordered; the locations to which the vehicles were to be delivered, and the number of vehicles to be delivered to each location. The solicitation provided for issuance of an order to the vendor submitting the lowest priced technically acceptable quotation. The RFQ defined the following standards for determining technical acceptability: 1. Technical conformance to the Government's Specifications. a. Conformance to DLA [National Stock Number] Configuration Data Sheet b. Proper Identification of the current manufacturing Country of Origin. 2. Delivery of ALL [vehicles] within 120 Calendar Days After Approval of 1^st Article Inspection. 3. Past Performance References a. Contractor shall submit a minimum of five (5) past-performance references with current contact information (including office phone number and email addresses). b. Reference list shall consist entirely of former and current customers who have purchased the same or similar makes and models of the [vehicles] requested in the solicitation. 4. Manufacturer's Warranty Terms shall include a minimum of full-coverage for 12,000 miles AND 12 months from date of Government Acceptance, whichever event occurs sooner. RFQ amend. PA04, at 2 and 12. Three vendors submitted quotations prior to the August 31, 2007 due date. The agency's technical evaluators determined the quotations of both Tiger and Mag to be technically acceptable and the quotation of the third vendor to be technically unacceptable.

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