Avis Jordan

Case: B-417248 Agency: Department of State Protester: Avis Jordan Date: 2019-04-23 Denied
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B-417248 Apr 23, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AVIS Jordan, of Amman, Jordan, protests the issuance of a purchase order to Masafat Car Rental (Masafat), under request for quotations (RFQ) No. S-J010-19-Q-0005, issued by the Department of State for rental vehicles. The protester contends that the agency's award to Masafat was unreasonable. We deny the protest. We deny the protest. View Decision Decision Matter of:  AVIS Jordan File:  B-417248 Date:  April 23, 2019 Hashem Abu Samra, AVIS Jordan, for the protester. Dennis J. Gallagher, Esq., Department of State, for the agency. Evan C. Williams, Esq., Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a lowest-priced, technically acceptable acquisition using commercial item and simplified acquisition procedures, where two vendors submitted technically acceptable quotations at the same price, and where the solicitation contained no tie-breaking procedures, the agency reasonably considered the quality of the quoted items to determine the award priority among equally low-priced vendors. DECISION AVIS Jordan, of Amman, Jordan, protests the issuance of a purchase order to Masafat Car Rental (Masafat), under request for quotations (RFQ) No. S-J010-19-Q-0005, issued by the Department of State for rental vehicles.  The protester contends that the agency’s award to Masafat was unreasonable. We deny the protest. BACKGROUND On November 29, 2018, the Department of State issued the RFQ, seeking prices for the rental of four vehicles, to be used at the U.S. Embassy in Amman, Jordan.  Agency Report (AR), Tab 1, RFQ at 1; Combined Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 1.  Although not clearly stated in the solicitation, the agency advises that the procurement was conducted under Federal Acquisition Regulation (FAR) part 12, Acquisition of Commercial Items, and FAR part 13, Simplified Acquisition Procedures.[1]  Supp. MOL at 3.  The RFQ stated that the agency intended to issue a purchase order to rent four vehicles for a period of 12 months, beginning in January 2019.  RFQ at 1, 4.  In addition to providing a list of salient characteristics for the required vehicles, the RFQ specified various other minimum requirements for the vehicles.  Id. at 3-5.  As relevant to this protest, the RFQ stated: Quality:  The contractor shall certify that all vehicles meet the requirements of local laws, and are covered by a comprehensive insurance plan.  Vehicles shall be current year model or no more than one year old (not to exceed 1000 km [kilometers]).  Id. at 3.[2] The RFQ neither identified the basis upon which award would be made, nor provided any evaluation factors.  In a declaration submitted to our Office, the contracting officer stated that award under the RFQ was to be made on a lowest-priced, technically acceptable basis.  Contracting Officer’s Supp. Decl. at 1.  The agency received quotations from several vendors, including AVIS Jordan and Masafat.  COS/MOL at 3.  Masafat provided a price quotation for one type of vehicle, a 2019 Chevrolet Tahoe.  AR, Tab 3, Masafat Quotation.  AVIS Jordan’s quotation included prices for several different vehicle makes, with varying model years, including both 2017 and 2019 Chevrolet Tahoes.  AR, Tab 2, AVIS Jordan Quotation, at 2.  The agency determined that both AVIS Jordan and Masafat provided technically acceptable quotations, each providing the same lowest price.  COS/MOL at 3.  Whereas AVIS Jordan’s lowest-priced vehicle was for the rental of 2017 Chevrolet Tahoes, Masafat’s quotation provided the same low price, for the rental of 2019 Chevrolet Tahoes.  AR, Tab 2, AVIS Jordan Quotation, at 2; AR, Tab 3, Masafat Quotation.  On December 30, the agency issued the purchase order to Masafat for the rental of four 2019 Chevrolet Tahoes, at a value of $122,033.90.  On January 13, 2019, the agency informed AVIS Jordan that even though the lowest-priced vehicle offered as part of its quotation was quoted at the same price as Masafat’s quoted vehicle, AVIS Jordan’s quotation did not provide the best value to the agency.  Protest attach. 1, E-Mail to AVIS Jordan, Jan.

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