AlterG, Inc. (FA441721QC079)

B-419936 Sep 16, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AlterG, Inc., a small business of Fremont, California, protests the award of a contract to Woodway USA, Inc., a small business of Waukesha, Wisconsin, under request for quotations (RFQ) No. FA441721QC079, issued by the Department of the Air Force for a brand name or equal Woodway Boost Anti-Gravity Treadmill and brand name or equal Woodway running shorts. AlterG contends that the agency unreasonably evaluated quotations and that the solicitation contains a latent ambiguity. 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:  AlterG, Inc. File:  B-419936 Date:  September 16, 2021 Jonathan Perrone, Esq., William Selinsky, Esq., Stephanie Sickler, Esq., and Timothy Turner, Esq., Whitcomb Selinsky, P.C., for the protester. Erika Whelan Retta, Esq., and Matthew W. Ramage-White, Esq., Department of the Air Force, for the agency. Christine Milne, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the agency unreasonably evaluated quotations is denied where the record shows the agency evaluated quotations reasonably, and in accordance with the terms of the solicitation.  2.  Protest that the solicitation contained a latent ambiguity is denied where the contemporaneous record shows that the protester read the terms of the solicitation in the same manner as the agency. DECISION AlterG, Inc., a small business of Fremont, California, protests the award of a contract to Woodway USA, Inc., a small business of Waukesha, Wisconsin, under request for quotations (RFQ) No. FA441721QC079, issued by the Department of the Air Force for a brand name or equal Woodway Boost Anti-Gravity Treadmill and brand name or equal Woodway running shorts.  AlterG contends that the agency unreasonably evaluated quotations and that the solicitation contains a latent ambiguity. We deny the protest. BACKGROUND The RFQ, issued on May 27, 2021, as a combined synopsis solicitation for commercial items, contemplated the award of a fixed-price contract for one brand name or equal Woodway Boost Anti-Gravity Treadmill in accordance with a set of requirement characteristics set forth in the solicitation, as well as several pairs of brand name or equal Woodway running shorts in various sizes.  Agency Report (AR), Tab 2, RFQ at 1, 3, 28.  The acquisition, set aside for small businesses, was conducted in accordance with Federal Acquisition Regulations (FAR) parts 12 and 13.  Id. Award was to be made to the lowest-priced, technically acceptable (LPTA) quotation.  Id. at 3.  The contracting officer would evaluate “equal” products against the requirement characteristics on the basis of information furnished by the vendor or reasonably available.  Id.  In this regard, the RFQ stated that product information such as literature or the references to the manufacturer’s website shall be submitted for all equivalent items.  Id. at 2.  Vendors who did not provide product information with their quotations could be eliminated from consideration for award.  Id. at 3.  The solicitation’s list of requirement characteristics included the following characteristic relevant here:  “Minimum running surface dimension of 22”W x 68”L.”  Id. at 28.  The agency received six quotations on June 4, including those of AlterG and Woodway.  AR, Tab 13, Price Evaluation and Award Determination at 1; RFQ at 1.  Woodway quoted the brand name item at a price of $32,675.  AR, Tab 8, Woodway’s Quotation at 1.  AlterG quoted what it called an equivalent product, the AlterG Pro 100 Anti-Gravity Treadmill (AR, Tab 4, AlterG’s Quotation at 29) for a total price of $26,390.  AR, Tab 13, Price Evaluation and Award Determination at 1.  AlterG’s quotation stated that the product met the RFQ’s minimum requirements, including the minimum running surface dimension, but did not include product information supporting the claim.  Memorandum of Law and Contracting Officer’s Statement (MOL/COS) at 3.  AlterG’s quotation was evaluated first because it was the lowest-priced quotation received.  AR, Tab 13, Price Evaluation and Award Determination at 1.  On June 7, the contracting officer and AlterG had several email exchanges.  The contracting officer asked AlterG for the user manual for the Pro 100 treadmill, which the firm provided.  AR, Tab 6, Email from Agency to AlterG, June 7, 2021, 2:19 p.m.; AR, Tab 6, Email from AlterG to Agency, June 7, 2021, 4:38 p.m.  The contracting officer then asked the firm to clarify a discrepancy between its quotation and the user manual; that is, AlterG’s quotation stated that the running surface of the Pro 100 was 22 inches wide by 68 inches long, but the user manual stated that the running surface was 22 inc...