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![handle is hein.gao/gaocrptafth0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Safety Storage, Inc.
File: B-275076
Date: January 21, 1997
Samuel Z. Gdanski, Esq., for the protester.
LTC David D. Franke, Capt. Robert C. Spinelli and Joseph H. Doyle, Esq.,
Department of the Army, for the agency.
Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
1. Where request for quotations issued under small purchase procedures did not
contain a late quotations provision, agency properly permitted a quoter to submit,
after the closing date, additional evidence of its compliance with solicitation's
warranty requirement.
2. Protest that agency improperly waived floor load and interior square footage
criteria for awardee is denied where: (1) record shows that awardee's design fully
complies with floor load requirement; and (2) difference in interior square footage is
slight, the awardee's product meets the agency's needs, and waiver of the
requirement did not prejudice the protester.
DECISION
Safety Storage, Inc. (SSI) protests the award of a contract to LAMCO Industries
under request for quotations (RFQ) No. DABTO1-96-T-0018, issued by the
Department of the Army for six steel prefabricated storage sheds for the 209th
Military Police Company at Fort McClellan, Alabama. SSI contends that the Army
improperly accepted a late submission from LAMCO and otherwise waived the
solicitation's specified floor load and interior square footage requirements.
We deny the protest.
The RFQ was conducted as a brand name or equal small purchase procurement
under Federal Acquisition Regulation (FAR) § 13.103(g). The solicitation's amended
purchase item description identified the required shed by means of the protester's
brand name and product number, and--of significance to this protest--required the
shed to have an interior square footage of 198 feet, a uniformly distributed [floor]
load [capacity] of 500 p.s.f. [pounds per square foot], and a 10-year structural
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