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B-292500 1 (2003-08-18)

handle is hein.gao/gaobacyjz0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: American Recycling Systems, Inc. File: B-292500 Date: August 18, 2003 Vincent J. Cerniglia for the protester. Richard G. Welsh, Esq., and Arthur F. Thibodeau, Esq., Naval Facilities Engineering Command, for the agency. Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency improperly found protester's quotation to be technically unacceptable is denied where the agency possessed significant countervailing evidence that created doubt whether the vendor could comply with a material requirement of the solicitation and the vendor failed to take the opportunity to provide support for its claimed ability to comply with the requirement; under such circumstances, an agency may not accept at face value a quotation's promise to meet a material requirement. DECISION American Recycling Systems, Inc. (ARS) protests the Department of the Navy's determination that the quotation it submitted for a trailer-mounted brass ordnance shell deformer, in response to request for quotations (RFQ) No. N6921803-RC-00264, was technically unacceptable. ARS argues that it should have received the award because it submitted the lowest-priced quotation, it had previously supplied similar units to the Navy, and its quotation stated that it would comply with all of the specifications. We deny the protest. On March 24, 2003, the Navy posted this combined solicitation/synopsis on the Federal Business Opportunities (FedBizOps) Internet site in accordance with subpart 12.6 of the Federal Acquisition Regulation's (FAR) streamlined procedures for evaluation and solicitation for commercial items. The procurement, set aside for small businesses, was for one trailer-mounted brass ordnance shell deformer,

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