DS Imports, LLC (6923G525Q0567)

B-423665 Aug 20, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights DS Imports, LLC, of Galveston, Texas, protests the issuance of a purchase order to Marine Structures, LLC, of Morehead City, North Carolina, under request for quotations (RFQ) No. 6923G525Q0567, issued by the Department of Transportation, Great Lakes St. Lawrence Seaway Development Corporation (GLS), for trapezoidal marine rubber fenders and mounting hardware. DS Imports argues that the agency unreasonably evaluated the firm's quotation. We dismiss the protest. View Decision Decision Matter of: DS Imports, LLC File: B-423665 Date: August 20, 2025 Dharmesh Patel, for the protester. Donna L. O’Berry, Esq., Department of Transportation, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed as factually and legally insufficient where the allegation does not facially demonstrate improper agency action. DECISION DS Imports, LLC, of Galveston, Texas, protests the issuance of a purchase order to Marine Structures, LLC, of Morehead City, North Carolina, under request for quotations (RFQ) No. 6923G525Q0567, issued by the Department of Transportation, Great Lakes St. Lawrence Seaway Development Corporation (GLS), for trapezoidal marine rubber fenders and mounting hardware. DS Imports argues that the agency unreasonably evaluated the firm’s quotation. We dismiss the protest. BACKGROUND On May 13, 2025, GLS issued the RFQ, using the polices set forth in Federal Acquisition Regulation part 12 in conjunction with the procedures under FAR subpart 13.5, to procure custom-fabricated trapezoidal rubber marine fenders and mounting hardware for installation along various canal lock wall locations along the St. Lawrence River.[1] Agency Report, (AR) Tab B, RFQ at 1; COS/MOL at 2.[2] The rubber fenders are intended to replace existing timber or rubber fenders that have deteriorated beyond serviceable condition, and the replacement fenders will prevent damage to transiting vessels and protect the canals from damage. COS/MOL at 2. The RFQ contemplated the issuance of a fixed-priced purchase order with the rubber marine fenders to be delivered within 90 days of award. RFQ at 1. The competition would be conducted using a lowest-price, technically acceptable source selection methodology, considering technical response, past performance, and price factors. Id. at 18-19. The statement of work (SOW) provided that the selected vendor would deliver several items, including 100 16-inch fenders, 25 10-inch fenders, 250 angle mounts, and 250 clamp bars. RFQ at 34. It also included shop drawings of the fenders, which included side and end views. Id. at 36-37. The side view identified several holes where the fenders would be connected to the other hardware. Id. The SOW specified that the fenders shall be fabricated to the specifications in the provided drawings and all holes shall be shop drilled. Id. at 38. Vendors were instructed to organize their quotations in three sections, section one, technical response; section two, past performance; and section three, price quote. RFQ at 17. As for technical responses, vendors were instructed to demonstrate ability to meet the requirements set forth in the SOW. Id. at 18. The RFQ instructed vendors to include a materials property table demonstrating all property, testing standard, requirements, and shop drawings of both “customed” fabricated rubber marine fenders and steel mounting hardware with a description of how the holes would be created. Id. The RFQ advised that technical responses would be evaluated on an acceptable or unacceptable basis. RFQ at 19. The agency would evaluate whether the quoted product met the SOW requirements. Id. Further, the RFQ advised that the agency would consider whether vendors’ shop drawings demonstrated compliance with the SOW and the technical exhibits (i.e., the RFQ’s drawings). Id. As to past performance, the RFQ instructed vendors to reference at least two but no more than three similar contracts. RFQ at 18. When evaluating referenced contracts, the agency would first determine whether they were relevant and similar and then use Contractor Performance Assessment Reporting System (CPAR) reports and other information to assess the quality of performance for relevant and similar contracts. Id. Based on the quality of performance, the agency would determine, on a pass or fail basis, whether it had a reasonable expectation that each vendor would perform the contract successfully. Id. Prior to the June 13, 2025, close of the solicitation period, twelve vendors, including DS Imports and Marine Structures, submitted quotations. COS/MOL at 2. The agency ranked quotations from lowest-to-highest price and determined that DS Imports was the second-lowest and that Marine Structures was the third-lowest. Id. at 4.