American Material Handling, Inc. (RFQ-1623378)

B-422171 Jan 22, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights American Material Handling, Inc., (AMH) of Watkinsville, Georgia, protests the award of a task order to Caterpillar, Inc., of Irving, Texas, under request for quotations (RFQ) No. RFQ-1623378, issued by the International Boundary and Water Commission for a brand name or equal Caterpillar 980 wheel loader. The protester contends that the agency unreasonably evaluated its quotation as unacceptable based on unstated salient characteristics. We sustain the protest. View Decision Decision Matter of: American Material Handling, Inc. File: B-422171 Date: January 22, 2024 Benjamin DeJarnett, for the protester. Rebecca A. Rizzuti, Esq., International Boundary and Water Commission, United States and Mexico, for the agency. Christine Milne, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency unreasonably evaluated the protester’s quotation of an equal product in response to a brand name or equal solicitation is sustained where the agency evaluated the quotation based on unstated salient characteristics. DECISION American Material Handling, Inc., (AMH) of Watkinsville, Georgia, protests the award of a task order to Caterpillar, Inc., of Irving, Texas, under request for quotations (RFQ) No. RFQ-1623378, issued by the International Boundary and Water Commission for a brand name or equal Caterpillar 980 wheel loader. The protester contends that the agency unreasonably evaluated its quotation as unacceptable based on unstated salient characteristics. We sustain the protest. BACKGROUND The RFQ was issued on April 28, 2023, to procure a brand name or equal Caterpillar 980 wheel loader to be delivered to the agency’s American Dam Field Office in El Paso, Texas. Agency Report (AR), Tab 4, RFQ at 1, 3. The RFQ was issued through the General Services Administration’s e-Buy system to vendors holding Federal Supply Schedule (FSS) contracts pursuant to Federal Acquisition Regulation (FAR) subpart 8.4. Id. at 1. The RFQ contemplated the award of a contract to the vendor offering the lowest-priced, technically acceptable quotation considering price and technical acceptability, with performance to be completed within 300 days of award. Id. at 1, 4. The RFQ stated that the proposed “wheel loader equipment must meet the salient features or specifications of the Caterpillar 980 or exceed the specifications attached,” and included a two-page specification sheet. Id. at 1. The protester contacted the contracting officer to inquire whether the RFQ was issued on a brand name or equal basis and stated that it could provide an equal product. Protest, attach. 1, Email from Protester to Agency, May 1, 2023. The contracting officer responded “Yes sir. Please do.”[1] Protest, attach. 1, Email from Agency to Protester, May 1, 2023. The agency received two quotations by the submission due date, one from AMH and one from Caterpillar. Contracting Officer’s Statement (COS) at 1. The protester offered the Volvo L220H wheel loader, and Caterpillar offered the brand-name Caterpillar 980. AR, Tab 6, Technical Evaluation at 4, 7. After receiving quotations, the contracting officer added salient characteristics to the technical evaluation form to be considered during evaluations that were not expressly stated in the solicitation. COS at 1. The agency evaluated both quotations and concluded that the Volvo L220H did not meet the following six[2] salient characteristics, none of which were listed in the solicitation:   CATERPILLAR 980 VOLVO L220H OPERATING WEIGHT 66,877 lbs 71,140 lbs MAXIMUM HORSEPOWER 393 hp 366 hp GROSS POWER 393 hp 366 hp MAXIMUM TRAVEL SPEED 24.5 mph 22.7 mph TURNING RADIUS[3] 26.1 ft 48.96 ft FUEL TANK CAPACITY 112.5 gal 96.7 gal   AR, Tab 6, Technical Evaluation Form at 4-5, 7-8; MOL at 4; Protest at 2-4. The technical evaluation panel found that the Volvo L220H “did not meet the [h]orsepower requirement, it was lower than specified; and its weight is higher than specified. The weight is a[n] issue when working in the river channel on sandy and muddy terrains.” AR, Tab 6, Technical Evaluation at 4-6. The agency concluded that Caterpillar’s 980 wheel loader met the salient characteristics and was technically acceptable. Id. at 7-9. The agency made award to Caterpillar on September 17 for $660,219, and the protester subsequently requested a debriefing.[4] COS at 3; AR, Tab 10, Contract Award at 2. The agency responded, explaining that while AMH was the lowest bidder with a total price of $597,892, the Volvo L220H was found technically unacceptable based on its failure to meet the above-referenced salient characteristics. Protest, attach.