Savannah Cleaning Systems, Inc.

B-415817 Mar 27, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Savannah Cleaning Systems, Inc., of Savannah, Georgia, protests the issuance of a purchase order to Border Construction Specialists, LLC (BCS), of Phoenix, Arizona, by the Department of the Navy, Trident Refit Facility, under request for quotations (RFQ) No. 1249714 for five pressure washers. The solicitation was issued under the General Services Administration's (GSA) Federal Supply Schedule (FSS). The protester alleges that the Navy improperly issued the purchase order because BCS offered an off-schedule item which did not meet the solicitation's specifications. We sustain the protest. We sustain the protest. View Decision Decision Matter of:  Savannah Cleaning Systems, Inc. File:  B-415817 Date:  March 27, 2018 Mitzi A. Moore, for the protester. Jennifer Misciagna, Esq., Department of the Navy, and Stephen T. O'Neal, Esq., General Services Administration, for the agencies. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly issued a Federal Supply Schedule purchase order to a firm is sustained where the vendor quoted an item that did not meet the specifications and the agency has not shown the item was equivalent to the brand name specified, and where the item was not listed on the vendor's Federal Supply Schedule contract. DECISION Savannah Cleaning Systems, Inc., of Savannah, Georgia, protests the issuance of a purchase order to Border Construction Specialists, LLC (BCS), of Phoenix, Arizona, by the Department of the Navy, Trident Refit Facility, under request for quotations (RFQ) No. 1249714 for five pressure washers.  The solicitation was issued under the General Services Administration's (GSA) Federal Supply Schedule (FSS).  The protester alleges that the Navy improperly issued the purchase order because BCS offered an off-schedule item which did not meet the solicitation's specifications. We sustain the protest. BACKGROUND On November 1, 2017, the agency issued the RFQ via the GSA's e-Buy system pursuant to the procedures set forth in Federal Acquisition Regulation (FAR) subpart 8.4.  The RFQ contemplated the issuance of a fixed-price purchase order to be awarded on a best-value/technically acceptable basis for five pressure washers under the selected vendor's FSS contract.  Agency Report (AR) at 76.  The RFQ was distributed to 91 vendors.  Id. at 7.  The RFQ included one line-item for Landa brand pressure washers with manufacturer part number 1.106-002.0.  AR at 76.  The RFQ provided technical specifications for the solicited pressure washer, which included a 20 horsepower engine capable of producing a 5 gallons per minute stream at 5,000 pounds per square inch (psi).  Id. at 82.  Additional features included a 460 volt, 3-phase engine, a trigger gun with stainless steel wand, a downstream chemical injector, a 50 foot hose, two 6-gallon fuel tanks, four 6-inch pneumatic tires, and a high impact steel roll cage.  Id.  The RFQ stated that the agency would consider equivalent items, which "must be equal to or comparable to the manufacture item listed on the RFQ."  Id. at 76.  The agency received quotations from nine vendors by the closing date.  The BCS quotation was the lowest-priced, at $19,994.45, and offered an alternative pressure washer.  The Savannah quotation was the second-lowest priced, at $20,524.60, and offered the brand name pressure washer.  The agency issued the purchase order to BCS and posted notice of the award on November 28.  Following an unsuccessful agency-level protest, Savannah filed the instant protest with our Office. DISCUSSION Savannah argues that the Navy unreasonably evaluated BCS's quotation as offering pressure washers that were equal or comparable to the brand name item listed in the solicitation.  Savannah also argues that the award was unreasonable because the pressure washers quoted by BCS are not on its schedule contract.  We address these arguments in turn and conclude that the protest should be sustained on both grounds. Equal or Comparable Item Savannah argues that the BCS pressure washers are not equal or comparable to the brand name item listed in the RFQ because they are less powerful and do not contain the same features.  Savannah points out that the Landa pressure washers have 20 horsepower engines, produce a 5 gallon per minute stream, have a high impact steel roll cage, and have four 6-inch pneumatic tires, while the pressure washers quoted by BCS have 15 horsepower engines, produce a 4 gallon per minute stream, do not have a roll cage, and have only two wheels.  Protest at 1.  In its agency report, the Navy does not contend that the pressure washers quoted by BCS were equal or comparable to the brand name pressure washers; rather, the Navy argues that because quotations are not offers the agency can accept, the agency...