Creative Custom Products

B-417761 Oct 18, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Creative Custom Products (Creative), a small business located in Phoenix, Arizona, protests the award of an indefinite-delivery, indefinite-quantity contract to FlexDecks, Inc., a small business located in Houston, Texas, under request for proposals (RFP) No. N68335-19-R-0011, issued by the Department of the Navy, Naval Air Warfare Center, for V-22 Osprey aircraft maintenance wing stand platforms (maintenance stands). The protester challenges the agency's evaluation of its proposal as technically unacceptable for failing to meet salient characteristics established by the solicitation. Alternatively, the protester alleges that the awardee's proposal failed to meet the same salient characteristics, rendering the awardee's proposal unacceptable as well. We deny the protest in part and dismiss it in part. 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:  Creative Custom Products File:  B-417761 Date:  October 18, 2019 Lawrence J. Sklute, Esq., and Lana Meller, Esq., Sklute & Associates, for the protester. Tenley A. Carp, Esq., Georgina C. Shepard, Esq., Samuel M. Shapiro, Esq., and Andrew C. Stevens, Esq., Arnall Golden Gregory LLP, for FlexDecks, Inc., the intervenor. David S. Castro, Esq., and Karin S. Wiechmann, Esq., Department of the Navy, 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 1.  Protest challenging the evaluation of protester’s proposal as technically unacceptable is denied where the protester’s equal product, submitted in response to a brand name or equal solicitation for aircraft maintenance stands, failed to meet specific salient characteristics listed in the solicitation. 2.  Protest alleging that awardee’s brand name product does not meet salient characteristics in a brand name or equal solicitation is dismissed as untimely.  Any alleged inconsistency between a brand name product and the salient characteristics used to define an “or equal” product must be protested prior to the due date for receipt of proposals. DECISION Creative Custom Products (Creative), a small business located in Phoenix, Arizona, protests the award of an indefinite-delivery, indefinite-quantity contract to FlexDecks, Inc., a small business located in Houston, Texas, under request for proposals (RFP) No. N68335-19-R-0011, issued by the Department of the Navy, Naval Air Warfare Center, for V-22 Osprey aircraft maintenance wing stand platforms (maintenance stands).  The protester challenges the agency’s evaluation of its proposal as technically unacceptable for failing to meet salient characteristics established by the solicitation.  Alternatively, the protester alleges that the awardee’s proposal failed to meet the same salient characteristics, rendering the awardee’s proposal unacceptable as well. We deny the protest in part and dismiss it in part. BACKGROUND The Navy issued the RFP on October 17, 2018, as a small business set-aside under the commercial acquisition procedures of Federal Acquisition Regulation (FAR) subpart 12.6, and provided for the award of a fixed-price indefinite-delivery, indefinite-quantity contract for a base year and four 1-year option periods.  As amended, the solicitation sought proposals for the manufacture and installation of the maintenance stands[1] on a brand name or equal basis and identified the maintenance stand manufactured by FlexDecks, Part Number 10307101, Rev. B,[2] as the brand name product.  The solicitation included a detailed set of salient characteristics that had to be satisfied by any product offered as equal to the brand name.  RFP at 4-9.  The RFP incorporated, by reference, FAR clause 52.211-6, brand name or equal, which informs offerors that, to be considered for award, proposals offering equal products had to include sufficient information to show that the offered products meet the salient characteristics listed in the solicitation.  Id. at 24.  The solicitation described the required maintenance stand as comprised of six interlocking sections, three of which allow maintenance support for the left wing of the aircraft, and three which allow maintenance support for the right wing of the aircraft.  Id. at 4.  The solicitation identified three sections of the platform assembly as Deck A, Deck B, and Deck C.  Deck A was the forward inboard section of the platform assembly; Deck B was the aft inboard section of the platform assembly; and Deck C was the outboard section of the platform assembly.  Id.