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B-407302 1 (2012-12-17)

handle is hein.gao/gaobadpgm0001 and id is 1 raw text is: G A 0Comptroller General c ity * Integrity * Rellability 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. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: J. Squared Inc., dba University Loft Company File: B-407302 Date: December 17, 2012 Suzanne Sumner, Esq., Taft Stettinius & Hollister LLP, for the protester. Sean D. Forbes, Esq., and Bryant S. Banes, Esq., Neel, Hooper & Banes, P.C., for Dehler Manufacturing, Inc., an intervenor. MAJ Melissa L. Wright and CPT John E. Buis, United States Marine Corps, for the agency. Pedro E. Briones, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's acceptance of a quotation that failed to conform to a material solicitation requirement is unreasonable; a technically unacceptable quotation may not form the basis for award. DECISION J. Squared Inc., dba University Loft Company (University Loft), of Greenfield, Indiana, protests the issuance of a purchase order to Dehler Manufacturing, Inc., of San Antonio, Texas, under request for quotations (RFQ) No. M67001-12-Q-0152, issued by the United States Marine Corps for barracks furniture. The protester argues that the agency improperly waived a material solicitation requirement for Dehler and improperly accepted Dehler's nonconforming quotation for award. We sustain the protest. BACKGROUND The RFQ, issued to vendors holding Federal Supply Schedule (FSS) contracts under Federal Acquisition Regulation (FAR) subpart 8.4, provided for the issuance of a purchase order for various types of furniture for Marine barracks at Camp Lejeune, North Carolina. RFQ at 2. Vendors were informed that the order would be issued on a lowest-priced, technically-acceptable basis to a vendor with a satisfactory performance record. Id. at 14. The RFQ stated that quotations would be evaluated

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