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

B-412261 1 (2016-01-12)

handle is hein.gao/gaobadsra0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * Integrity * Reliability                          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.
         D e c i s i o n                           - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   NABCO Systems, LLC

         File:        B-412261

         Date:        January 12, 2016

         Jeffrey E. Weinstein, Esq., The Weinstein Law Group, PLLC, for the protester.
         Department of State, for the agency.
         Mary G. Curcio, Esq., and David A. Ashen, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest against order placed under request for quotations, issued on a brand name
         or equal basis, is sustained where the awardee did not establish compliance of its
         equal product with all the salient characteristics of the agency's requirement.
         DECISION

         NABCO, Inc., of Canonsburg, Pennsylvania, protests the Department of State's
         issuance of a task order to Mistral Security, of Bethesda, Maryland, under request
         for quotations (RFQ) No. 1031783, for a multi-use explosive containment device.
         NABCO complains that the agency unreasonably determined that Mistral's
         quotation was technically acceptable.

         We sustain the protest.

         The agency issued the RFQ via the General Service Administration's e-Buy system
         pursuant to the procedures set forth in Federal Acquisition Regulation (FAR)
         subpart 8.4, for the procurement of a total containment vessel for the transportation
         of improvised explosive devises and unexploded ordnance. RFQ at 1. The RFQ
         was issued on a brand name or equal basis, specifying the NABCO model
         42-SCS container as the brand name and listing the salient characteristics with
         which an equal product would need to comply. Among the listed salient
         characteristics were four requirements for explosive ratings: 12.8 lbs. (5.8 kg) TNT
         repeated use; 10 lbs. (4.5 kg) military C-4 repeated use; 25.7 lbs. (11.7 kg) TNT
         one-time use; and 20 lbs. (9.1 kg) military C-4 one-time use. Id. The RFQ provided
         that vendors quoting equal products shall submit descriptive literature to

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