NABCO Systems, LLC

B-412261 Jan 12, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights NABCO, Inc., of Canonsburg, Pennsylvania, protests the Department of State's issuance of a task order to Mistral Security, of Bethesda, Maryland, under request for quotations (RFQ) No. 1031783, for a multi-use explosive containment device. NABCO complains that the agency unreasonably determined that Mistral's quotation was technically acceptable. We sustain the protest. We sustain the protest. View Decision 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:  NABCO Systems, LLC File:  B-412261 Date:  January 12, 2016 Jeffrey E. Weinstein, Esq., The Weinstein Law Group, PLLC, for the protester. Department of State, for the agency. Mary G. Curcio, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against order placed under request for quotations, issued on a "brand name or equal" basis, is sustained where the awardee did not establish compliance of its "equal" product with all the salient characteristics of the agency’s requirement. DECISION NABCO, Inc., of Canonsburg, Pennsylvania, protests the Department of State’s issuance of a task order to Mistral Security, of Bethesda, Maryland, under request for quotations (RFQ) No. 1031783, for a multi-use explosive containment device.  NABCO complains that the agency unreasonably determined that Mistral’s quotation was technically acceptable.   We sustain the protest.   The agency issued the RFQ via the General Service Administration’s e-Buy system pursuant to the procedures set forth in Federal Acquisition Regulation (FAR) subpart 8.4, for the procurement of a total containment vessel for the transportation of improvised explosive devises and unexploded ordnance.  RFQ at 1.  The RFQ was issued on a “brand name or equal” basis, specifying the NABCO model 42‑SCS container as the “brand name” and listing the salient characteristics with which an “equal” product would need to comply.  Among the listed salient characteristics were four requirements for explosive ratings: 12.8 lbs. (5.8 kg) TNT repeated use; 10 lbs. (4.5 kg) military C-4 repeated use; 25.7 lbs. (11.7 kg) TNT one-time use; and 20 lbs. (9.1 kg) military C-4 one-time use.  Id.  The RFQ provided that vendors quoting “equal” products “shall submit descriptive literature to demonstrate that the offer is equal to the stated brand name product.”  Id.  The RFQ provided that an order would be issued to the vendor that submitted the lowest-priced, technically acceptable quotation.  Id. at 2.  Three vendors, including NABCO and Mistral, responded to the solicitation.  Contracting Officer’s Statement (COS) at 2-3.  NABCO submitted a quotation for the “brand name” item for [DELETED], and Mistral submitted a quotation for a product it calls the Mistral ARC 6 GT, an “equal” item, for $170,000.  In its quotation, Mistral included descriptive literature‑‑an “ARC 6 GT Product Data Sheet” and a Department of Defense Explosives Safety Board memorandum‑‑which indicated an explosives rating of 13.23 lbs. (6 kg) TNT repeated use.  Mistral Quotation at 2, 4‑5.  Mistral also provided an RFQ-specific compliance matrix, which included a checked box to indicate compliance with all four of the RFQ requirements for explosive ratings.  Mistral Quotation at 4. When government security personnel questioned whether the Mistral ARC 6 GT container would meet the agency’s needs, Mistral explained in a subsequent submission that the quoted container was different than the container with which the security personnel were familiar.  In addition, Mistral furnished a table comparing the ARC 6 GT with the brand name product and indicating that the ARC 6 GT was compliant with three of the four requirements for explosive ratings.  AR, Tab 6A, Mistral Response, Sept. 20, 2015, at 2.  Mistral’s table, however, did not address the requirement for 20 lbs. (9.1 kg) military C-4 one‑time use. When the order was subsequently issued to Mistral for its Mistral ARC 6 GT “equal” container, Nabco filed this protest with our Office.  NABCO asserts that the item quoted by Mistral is not equal to the “brand name” item because it does not meet the solicitation’s salient characteristics for 20 lbs. (9.1 kg) military C-4 one-time use and 25.7 lbs.