B-310759; B-310759.2, Tiger Truck LLC, February 7, 2008
Case: B-310759
Agency:
Protester: B
Date: 2008-02-07
Denied In Part
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
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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.
Full decision text continues on ProtestIntel...