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Case: B-423993.1
Agency:
Date: 2026-05-13
Granted
B-423993,B-423993.2
Feb 18, 2026
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Highlights
Effective Communication Strategies, LLC (ECS), a small business of Rapid City, Michigan, protests the award of a contract to Export 220Volt, Inc., a small business of Houston, Texas, under request for quotations (RFQ) No. W912DY-25-Q-A101, which was issued by the Department of the Army, Corps of Engineers, for replacement appliances at multiple U.S. Navy installations. The protester contends that the agency provided the protester insufficient time to respond to substantive amendments and technical review feedback.
We sustain the protest.
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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: Effective Communication Strategies, LLC; Corps of Engineers
File: B-423993; B-423993.2
Date: February 18, 2026
Sarah S. Reida, Esq., Legal Meets Practical, LLC, for the protester.
Robert I. Moore, Esq., Department of the Army, for the agency.
Suresh S. Boodram, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that the agency failed to provide sufficient time to respond to its requests for revised and final proposal revisions is sustained where the agency was simultaneously revising its requirements and seeking revised proposals multiple times with very short response times, including several arising on weekend days, which did not provide the protester with a fair opportunity to improve its proposal.
DECISION
Effective Communication Strategies, LLC (ECS), a small business of Rapid City, Michigan, protests the award of a contract to Export 220Volt, Inc., a small business of Houston, Texas, under request for quotations (RFQ) No. W912DY-25-Q-A101, which was issued by the Department of the Army, Corps of Engineers, for replacement appliances at multiple U.S. Navy installations. The protester contends that the agency provided the protester insufficient time to respond to substantive amendments and technical review feedback.
We sustain the protest.
BACKGROUND
On July 28, 2025, the agency issued the RFQ for appliances at various U.S. Navy installations located within and outside of the continental United States. Agency Report (AR), Tab 3, RFQ at 1; Memorandum of Law (MOL) at 1.[1] The initial RFQ provided that the agency sought replacement microwaves and dehumidifiers. AR, Tab 3, RFQ at 37. The RFQ, which the agency amended ten times, was issued in accordance with the streamlined procedures for evaluation and solicitation of commercial items pursuant to Federal Acquisition Regulations (FAR) subpart 12.6 and the simplified acquisition procedures of FAR part 13.[2] Id. at 1. The RFQ contemplated the issuance of a fixed-price contract with award to be made on a lowest-priced, technically acceptable basis. Id. at 1, 4. A quotation would be deemed technically acceptable if it was rated as “acceptable” under three non-price factors: technical capability, schedule, and past performance. Id. at 4. Relevant here, technical capability would be evaluated on the basis of whether the items offered met the government's requirements. Id.; see also id. at 37-43 (providing detailed technical specifications for dehumidifiers and microwaves).
The agency received three quotations, including from the protester and awardee, by the RFQ's initial August 28, 2025 closing date. Contracting Officer's Statement (COS) at 1. After the initial deadline for submissions, the agency continued to amend the RFQ and allowed vendors to submit revised quotations. For each revised quotation the agency received, the agency would, in turn, provide via email each vendor with a technical revision (TR). COS at 1. In each technical revision, the agency stated whether the quotation was technically acceptable and, as applicable, explained how or why the quotation did not meet the RFQ's specifications. Id.
Relevant here, on the morning of Wednesday, September 24, the agency issued amendment 0007. AR, Tab 3_G1, ECS Amend. 0007 at 1; Protest, exhs., Amendment 0007 Transmittal Email at 233. Amendment 0007 added Furniture Item Description (FID) 8.15, which was a requirement for a refrigerator-freezer to be delivered to a new location, Naval Station Great Lakes located in Illinois. AR, Tab 3_G, FID Amend. 0007 at 8. The amendment required vendors to provide a refrigerator-freezer in compliance with the amendment's technical specifications and compliant with the Trade Agreement Act (TAA).[3] The initial specifications for FID 8.15 were as follows:
a. Shall be maximum 22.5”W x 23”D x 57.25”H. Dimensions are critical.
b. Shall have total capacity of 7.4 cu. ft.
c. Shall have 2 doors with separate freezer compartment.
d. Shall have a minimum of:
i. 2 Full width adjustable shelves in the main compartment
ii. 2 Crispers
iii.
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