SSI Technology, Inc.

Case: B-417299 Agency: Department of Defense : Defense Logistics Agency Protester: SSI Technology, Inc. Date: 2019-04-04 Denied In Part
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B-417299 Apr 04, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights SSI Technology, Inc., a small business, of Sterling Heights, Michigan, protests the issuance of a purchase order to Marine Air Supply Company, Inc. (MAS), a small business, of Frederick, Maryland, under request for quotations (RFQ) No. SPE7L2-19-T-1375, which was issued by the Defense Logistics Agency (DLA), for engine relay-solenoids. SSI, which is one of two authorized sources identified in the RFQ for the parts, alleges that MAS will not deliver an approved item, the other approved source is unable or unwilling to manufacture the approved item, and the agency unreasonably failed to validate whether MAS is an authorized dealer or distributor for the other approved source. We deny in part and dismiss in part the protest. We deny in part and dismiss in part the protest. View Decision DOCUMENT F OR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of:  SSI Technology, Inc. File:  B-417299 Date:  April 4, 2019 Bret S. Wacker, Esq., and Emily J. Baldwin, Esq., Clark Hill PLC, for the protester. Tyson S. McDonald, Esq., Defense Logistics Agency, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest alleging that the awardee will not deliver the specific approved part identified in the solicitation is dismissed because whether an offeror delivers a product in accordance with the solicitation’s specifications presents a matter of contract administration which our Office does not consider as part of our bid protest function. 2.  Post-award protest alleging that an approved source identified in the solicitation is unable to produce the approved part is dismissed because it is, in essence, an untimely challenge to the terms of the solicitation. 3.  Protest alleging that the awardee was required to submit at the time of quotation submission proof that it is an authorized dealer of an approved source identified in the solicitation is denied because the solicitation contained no requirement for an offeror to provide such proof with its quotation or obligate the agency to validate such relationship prior to award. DECISION SSI Technology, Inc., a small business, of Sterling Heights, Michigan, protests the issuance of a purchase order to Marine Air Supply Company, Inc. (MAS), a small business, of Frederick, Maryland, under request for quotations (RFQ) No. SPE7L2-19-T-1375, which was issued by the Defense Logistics Agency (DLA), for engine relay-solenoids.  SSI, which is one of two authorized sources identified in the RFQ for the parts, alleges that MAS will not deliver an approved item, the other approved source is unable or unwilling to manufacture the approved item, and the agency unreasonably failed to validate whether MAS is an authorized dealer or distributor for the other approved source. We deny in part and dismiss in part the protest. BACKGROUND On January 18, 2019, the agency issued the RFQ as an automated solicitation through DLA’s Internet Bid Board System, and as a small business set-aside using the simplified acquisition procedures of Federal Acquisition Regulation part 13.  RFQ at 1, 3.  The RFQ incorporated the terms and conditions of DLA Master Solicitation for Automated Simplified Acquisitions (DLA Master Solicitation), which incorporated Procurement Note L04, Offers for Part Numbered Items.  Id.

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