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B-421919 Nov 20, 2023 1 (2023-11-20)

handle is hein.gao/gaopmm0001 and id is 1 raw text is: 



                   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  Western  Metal Supply, Inc.

File:        B-421919

Date:     November 20, 2023

Abel Caballero, for the protester.
Erika Whelan Retta, Esq., and Lawrence Anderson, Esq., Department of the Air Force,
for the agency.
Suresh S. Boodram, Esq., Michael Willems, Esq., and Evan D. Wesser, Esq., Office of
the General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest is dismissed as untimely where the protester alleges that the solicitation was
defective because it failed to include required specifications, but the protest was not
filed before the closing time for the submission of quotations.

2. Protest challenging an agency's evaluation of quotations and source selection
decision is denied where the agency's evaluation was consistent with the terms of the
solicitation.
DECISION

Western Metal Supply, Inc. (WMS), a small business of Escondido, California, protests
the award of a contract to Agate Steel, a small business of Scottsdale, Arizona, under
request for quotations (RFQ) No. F3G3AA31 1 1AW01, issued by the Department of the
Air Force for flight-line sunshade structures. The protester argues that the RFQ failed to
include necessary specifications, and that the agency otherwise deviated from the
RFQ's  requirements in the evaluation of quotations.

We  deny the protest in part and dismiss it in part.

BACKGROUND

The RFQ  was issued on May 17, 2023, using the commercial acquisition procedures of
Federal Acquisition Regulation (FAR) part 12, and the simplified acquisition procedures
of FAR part 13. Contracting Officer's Statement (COS) at 2. The RFQ contemplated a
lowest-priced, technically acceptable (LPTA) source selection. Id. The RFQ sought

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