Quality Specialty Products

Case: B-417279 Agency: Protester: Quality Specialty Products Date: 2019-10-03 Denied
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B-417279.3 Oct 03, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Quality Specialty Products (QSP), of Melville, New York, protests the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts to Sorinex Exercise Equipment (Sorinex), of Lexington, South Carolina, and Atlantic Diving Supply (Atlantic), of Virginia Beach, Virginia, by the Department of the Army, under request for proposals (RFP) No. W56HZV-19-R-0028, for commercial Army combat fitness test (ACFT) equipment. The protester challenges the agency's evaluation of its proposal as technically unacceptable. We deny 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:  Quality Specialty Products File:  B-417279.3 Date:  October 3, 2019 Timothy Furin, Esq., Ward & Berry PLLC, for the protester. Tara Yaldou, Esq., and Matthew R. Wilson, Esq., Department of the Army, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly evaluated the protester’s proposal as technically unacceptable is denied where the record shows that the agency’s evaluation was reasonable and in accordance with the solicitation requirements. DECISION Quality Specialty Products (QSP), of Melville, New York, protests the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts to Sorinex Exercise Equipment (Sorinex), of Lexington, South Carolina, and Atlantic Diving Supply (Atlantic), of Virginia Beach, Virginia, by the Department of the Army, under request for proposals (RFP) No. W56HZV-19-R-0028, for commercial Army combat fitness test (ACFT) equipment.  The protester challenges the agency’s evaluation of its proposal as technically unacceptable. We deny the protest. BACKGROUND On December 28, 2018, the Army issued the RFP as a small business set-aside, seeking proposals for the delivery of ACFT equipment sets.  RFP at 7.[1]  An ACFT set consists of 11 types of fitness equipment:  hex bar, 10-pound bumper plates, 15-pound bumper plates, 25-pound bumper plates, 35-pound bumper plates, 45-pound bumper plates, barbell collar, nylon sled with pull strap, 10-pound medicine ball, kettlebells, and a metric tape measure.  Id. at 15.  The solicitation contemplated awards of up to two, fixed-price IDIQ contracts, each with a 3-year ordering period.  Id. at 7.  The RFP included a description/specifications/work statement, delineating the specification requirements for each type of fitness equipment being solicited.  Id. at 15-16.  At issue here, the specifications for the sled with pull strap listed five specific requirements, including the requirement for “reinforced padding/strips.”  Id. at 16.  The specifications for the measuring tape also listed specific requirements, including the requirement for “Long-lasting Fiberglass Blades with vinyl/PVC coating in ABS shatter resistant case.”  Id.  Additionally, and relevant here, offerors were required to complete a technical information questionnaire (questionnaire) which was structured to align with the RFP’s description/specifications/work statement for the solicited fitness equipment, including the sled with pull strap, and the measuring tape.[2]  RFP attach. 2, Technical Information Questionnaire at 1-2.  Of particular relevance to the protest, the questionnaire listed in one column (titled, “Evaluation Question”) various specification questions and, in a separate column (titled, “Vendor Response”), offerors were to affirmatively respond yes/no to each evaluation question.  Id. at 1-2.  The questionnaire also stated that offerors’ response to each question “must be supported with substantiating data” see, id. at 1, which the agency would evaluate to determine whether the offered equipment meets the stated specification requirements.  RFP at 69.  In this regard, the RFP expressly stated:  “The burden of providing thorough, clear, and complete information rests with the offeror.  Unsubstantiated claims may result in an Unacceptable rating which will make the offeror ineligible for award.”  Id. at 70.  For the sled with pull strap equipment, the questionnaire required offerors to verify if (1) the sled size is between 23” and 25” (length); between 20” and 21” (width); and if (2) the sled includes reinforced padding/strips.  RFP attach. 2, Technical Information Questionnaire at 1-2.  For the measuring tape, offerors were to verify if (1) the open reel tape measure is 1x30m; and if (2) it is a metric scale with long-lasting fiberglass blades with a vinyl/PVC coating 98 to 100 feet/30M by ¼ to ½ inch.  Id.

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