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AL
G A O Comptroller General
Acc untabiity * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
D ..
Decision
Matter of: Controlled Systems
File: B-401208.2
Date: July 8, 2009
Brian S. Gocial, Esq., Blank Rome LLP, for the protester.
Maj. Carla T. Peters, Department of the Army, for the agency.
Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest that a quotation contains conflicting delivery terms and should have been
found technically unacceptable because it did not conform to the solicitation's
requirement for delivery to destination is denied, where the awardee's quotation
included pricing for delivery to destination, the agency determined that the inclusion
of a conflicting delivery term was a minor error, and the purchase order issued to the
awardee provided for delivery to destination at the price quoted.
DECISION
Controlled Systems of Richardson, Texas, protests the issuance of an order to Mark
C. Pope Associates, Inc. (MCPA) of Smyrna, Georgia, under request for quotations
(RFQ) No. W9124L-09-T-0008, issued by the Department of the Army for the
procurement, shipment and installation of ground power converters. Controlled
Systems complains that MCPA's quotation was technically unacceptable because the
quotation took exception to a material delivery term.
We deny the protest.
As amended, the solicitation sought quotations for 17 Hobart 180SX200 (or equal)
power converters, to be provided on a turnkey basis at Fort Sill, Oklahoma. The
RFQ required vendors to provide contract line item (CLIN) pricing for the power
converters, delivery to Fort Sill, installation, and extended parts warranties. In this
regard, the RFQ specifically stated that each item was to be delivered FOB [freight
on board]: Destination. Vendors were warned to provide pricing for each CLIN and
that a vendor's [f]ailure to complete and return all pages required may result in the](ViewImageLocal?handle=hein.gao/gaobadaxk0001&div=1&collection=&method=preview&ext=.png&size=3)