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B-400685 1 (2009-01-14)

handle is hein.gao/gaobadase0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 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: Tiger Truck, LLC File: B-400685 Date: January 14, 2009 Robert K. Tompkins, Esq., Michael J. Carrato, Esq., and Rory E. Adams, Esq., Patton Boggs LLP, for the protester. James H. Roberts III, Esq., Van Scoyoc Kelly PLLC, and Nicholas J. Mosich, Esq., Mosich & Associates, for the intervenor. Erica V. Ordonez, Esq., and Lee W. Crook III, Esq., General Services Administration, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a procurement covered by the Trade Agreements Act (TAA), protest of an award to a vendor whose quotation identified products that were not TAA-compliant is sustained, where the agency failed to follow required evaluation procedures for TAA procurements, improperly failed to ascertain whether the products identified by the protester were TAA-compliant, and did not conduct meaningful discussions with the protester even though the agency regarded the protester's quoted price as unreasonably high. DECISION Tiger Truck, LLC, of Poteau, Oklahoma, protests the award of a contract to Vantage Vehicle International, Inc., of Corona, California, issued by the General Services Administration (GSA) under request for quotations (RFQ) No. QSDACE-H4-08- 2320-N, which included requirements of the Trade Agreements Act (TAA), for mini-utility vehicles. Tiger contends that the agency unlawfully awarded the contract to a vendor that did not comply with the TAA, and unreasonably rejected Tiger's quotation. We sustain the protest. The RFQ sought 1,126 mini-utility vehicles for use by the Department of the Air Force. These vehicles were to be used for on-base purposes only, not for use on commercial roadways or interstate highways. The trucks, which were to be

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