About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-278125 1 (1997-12-01)

handle is hein.gao/gaocrptagev0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Green Shop, Inc.

             File:        B-278125

             Date:        December 1, 1997

             Philip Kircher for the protester.
             Capt. William R. Hinchman, Department of the Army, for the agency.
             Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Agency reasonably rejected the protester's proposal as technically unacceptable
             where the protester took exception in its proposal to material specification
             requirements as contained in the solicitation.
             DECISION

             Green Shop, Inc. protests the award of a contract to Arctic Industrial & Automotive
             Supply under request for proposals (RFP) No. DAHC76-97-R-0007, issued by the
             Department of the Army for a quantity of biodegradable parts washers. The
             protester challenges the rejection of its proposal as technically unacceptable.

             We deny the protest.

             The RFP, as amended, provided that the award would be made to the offeror
             submitting the low-priced, technically acceptable proposal. The RFP stated that in
             determining the technical acceptability of a proposal, the agency would evaluate an
             offeror's compliance with the specifications and the required delivery schedule.
             Among other things, the specifications for line item Nos. 0001 and 0002 required
             that the cabinets of the parts washers be constructed of a minimum of 11-gauge
             steel and that the water tanks be constructed of stainless steel. For line item
             No. 0001, the specifications also required a production capacity of 200 gallons per
             minute and for line item No. 0002, the specifications required a production capacity
             of 80 gallons per minute.

             The agency rejected the protester's lower-priced proposal as technically
             unacceptable for failing to comply with the specifications. In its amended proposal,
             for line item Nos. 0001 and 0002, the protester proposed to furnish parts washers
             constructed of thinner 12-gauge steel, instead of thicker 11-gauge steel as required
             by the specifications. The protester also proposed steel water tanks instead of the
             required stainless steel water tanks. In addition, for line item No. 0001, the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most