Chicago American Manufacturing (W912DY-20-Q-0123)

B-419242 Jan 06, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Chicago American Manufacturing, LLC, (Chicago American), a small business located in Chicago, Illinois, protests the issuance of a delivery order to J. Squared, Inc., dba University Loft Company (U Loft), of Greenfield, Indiana, by the Department of the Army, under request for quotations (RFQ) No. W912DY-20-Q-0123, for replacement furniture. The protester argues that the agency improperly rejected its quotation 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 version has been approved for public release.       Decision Matter of:  Chicago American Manufacturing, LLC File:  B-419242 Date:  January 6, 2021 James W. Kim, Esq., and Llewelyn M. Engel, Esq., McDermott Will & Emery LLP, for the protester. Matthew R. Keiser, Esq., and C. Clay Weisenberger, 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 Agency properly rejected protester’s quotation for a delivery order under the Federal Supply Schedule because one of the protester’s quoted items was not listed on its schedule contract at the time the agency issued the order.  DECISION   Chicago American Manufacturing, LLC, (Chicago American), a small business located in Chicago, Illinois, protests the issuance of a delivery order to J. Squared, Inc., dba University Loft Company (U Loft), of Greenfield, Indiana, by the Department of the Army, under request for quotations (RFQ) No. W912DY-20-Q-0123, for replacement furniture.  The protester argues that the agency improperly rejected its quotation as technically unacceptable. We deny the protest. BACKGROUND On April 24, 2020, the Army issued the RFQ as a small business set-aside under the Federal Supply Schedule (FSS) procedures of Federal Acquisition Regulation (FAR) subpart 8.4, to current holders of General Services Administration (GSA) schedule 71 (the furniture schedule) contracts, with a response date of May 26.  RFQ at 1[1].  The solicitation sought a contractor to supply, deliver and install replacement metal furniture and accessories; specifically, beds, mattresses and wardrobes in support of the Huntsville Center centrally managed furnishings program for North Fort Hood, Texas.  RFQ at 3.  Detailed furniture item descriptions (FID) were included in the RFQ, which listed the specifications and requirements for all solicited items.  See generally, RFQ attach. 2, FID at 15-21.  Of relevance to the protest, the specific type of bed solicited was listed as “Bunkable, Adjustable Height Bed, Single.”  RFQ attach. 1, Line Item Pricing at 14.  The technical requirements for this bed were described in the FID, one of which was the requirement that the bed should accommodate a “38”W x 80”L mattress.”  RFQ attach. 2, FID at 21.  The RFQ provided that all quoted items “shall comply with current GSA test requirements and be on the GSA contract schedule, unless specified as open market items.”[2]  RFQ at 10.  Vendors were not required to submit testing documentation with their quotations; however, the agency reserved the right to “request actual copies of test reports at any time prior to or after award.”  Id. The solicitation contemplated the issuance of a fixed-price delivery order to the vendor whose quotation represents the best value to the government, and stated:  “Best value will be determined by the quote that is technically acceptable and has the lowest total price.”  RFQ at 13.  Quotations were to be rated acceptable or unacceptable under the following three non-price factors:  technical, schedule, and past performance.  Id. at 12-13.  A quotation rated acceptable under the technical evaluation factor was defined as “all line items meet the specifications shown in the [FID].”  Id. at 12. The Army received timely responses from three vendors, including Chicago American and U Loft.  Contracting Officer’s Statement and Memorandum of Law at 2.  In its quotation, Chicago American offered model EBSP88-5778, Bunkable, Adjustable Height Bed, Single, 38¼” W x 83” L with an innerspring mattress 38” W x 80” L.  Agency Report (AR) exh.