Glem Gas Spa

B-414179 Feb 23, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Glem Gas S.p.A., of San Cesario sul Panaro, Italy, protests the issuance of a purchase order to Gaeta Ship Supply SRL (Gaeta), of Gaeta, Italy, under request for quotations (RFQ) No. N68171-17-T-2003, issued by the Department of the Navy, Naval Supply Systems Command, for stoves. Glem Gas contends that the Navy improperly waived the RFQ's salient characteristics by selecting the awardee's non-conforming product. We deny the protest. We deny the protest. View Decision Decision Matter of:  Glem Gas S.p.A. File:  B-414179 Date:  February 23, 2017 Dr. Matteo Zappile, USCOMED Consulting Services, for the protester. Eva Escalante, Esq., and Robert Kois, Esq., Department of the Navy, for the agency. Pedro E. Briones, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of the issuance of an order under a brand name or equal procurement is denied where the protester has not demonstrated that it was competitively prejudiced by the agency’s waiver of the solicitation’s salient characteristics by selecting the awardee’s similar product. DECISION Glem Gas S.p.A., of San Cesario sul Panaro, Italy, protests the issuance of a purchase order to Gaeta Ship Supply SRL (Gaeta), of Gaeta, Italy, under request for quotations (RFQ) No. N68171‑17‑T‑2003, issued by the Department of the Navy, Naval Supply Systems Command, for stoves.  Glem Gas contends that the Navy improperly waived the RFQ’s salient characteristics by selecting the awardee’s non‑conforming product. We deny the protest. BACKGROUND The RFQ was issued under Federal Acquisition Regulation (FAR) part 12, Acquisition of Commercial Items, and part 13, Simplified Acquisition Procedures, to procure, on a brand name or equal basis, 270 gas stoves for base housing at U.S. Naval Air Station Sigonella, Italy.  RFQ amend. 1, at 1‑10; Mem. of Law (MOL) at 1; Contracting Officer’s Statement (COS) ¶ 1.  The RFQ identified a stove model manufactured by Glem Gas as the brand name appliance, and listed several salient characteristics that had to be satisfied by any other stove offered as equal to the brand name model, including, as relevant here, a depth (external dimension) of 60 centimeters and an oven capacity (internal volume) of 95 liters.  See RFQ amend. 1, at 3‑4.  The solicitation incorporated, by reference, the FAR brand name or equal provision 52.211‑6, which informs offerors that to be considered for award, proposals for equal products must include sufficient information to show that the offered items meet the salient characteristics listed in the solicitation.  Id. at 5; FAR § 52.211‑6 (Aug. 1999).  The RFQ provided for award on a lowest‑priced, technically acceptable basis, and advised that technical acceptability would be evaluated based on the offeror’s submissions.  RFQ amend. 1, at 10.  Offerors were to submit product literature and documentation with their quotation that described the technical capability of their proposed stove and included the following data:  (a) the brand name; (b) make or model number; (c) a product illustration or technical design, including links to the manufacturer’s website showing parts and accessories; (d) a technical data sheet; and (e)--for any item other than the specified brand name--any other information demonstrating that the proposed item met the RFQ’s salient physical, functional, or performance characteristics.  See id. at 9‑10.  The RFQ stated that a proposed product that met or exceeded the salient physical, functional, or performance specifications would be found technically acceptable, and that a product that did not meet such specifications would be found technically unacceptable.  See id. at 10. The Navy received four timely quotations, including from Gaeta and Glem Gas, all of which were evaluated as technically acceptable by the base’s housing facilities specialist.  Agency Report (AR), encl. 9, Source Selection Doc. (SSD), at 5, 13.  Gaeta, which submitted the lowest‑priced quotation, offered an alternative stove (manufactured by Bertazzoni) that has a depth of 50 centimeters and an oven capacity of 92 liters.  Id. at 12; AR, encl. 3a, Gaeta Quotation (Quote), at 7‑12.  Glem Gas, which submitted the third lowest‑priced quotation, offered the brand name stove (albeit its latest model year)[1] that has a depth of 60 centimeters and an oven capacity of 101 liters.[2]  AR, encl.