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B-422171 Jan 22, 2024 1 (2024-01-22)

handle is hein.gao/gaoptk0001 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: American Material Handling, Inc. File: B-422171 Date: January 22, 2024 Benjamin DeJarnett, for the protester. Rebecca A. Rizzuti, Esq., International Boundary and Water Commission, United States and Mexico, for the agency. Christine Milne, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency unreasonably evaluated the protester's quotation of an equal product in response to a brand name or equal solicitation is sustained where the agency evaluated the quotation based on unstated salient characteristics. DECISION American Material Handling, Inc., (AMH) of Watkinsville, Georgia, protests the award of a task order to Caterpillar, Inc., of Irving, Texas, under request for quotations (RFQ) No. RFQ-1623378, issued by the International Boundary and Water Commission for a brand name or equal Caterpillar 980 wheel loader. The protester contends that the agency unreasonably evaluated its quotation as unacceptable based on unstated salient characteristics. We sustain the protest. BACKGROUND The RFQ was issued on April 28, 2023, to procure a brand name or equal Caterpillar 980 wheel loader to be delivered to the agency's American Dam Field Office in El Paso, Texas. Agency Report (AR), Tab 4, RFQ at 1, 3. The RFQ was issued through the General Services Administration's e-Buy system to vendors holding Federal Supply Schedule (FSS) contracts pursuant to Federal Acquisition Regulation (FAR) subpart 8.4. Id. at 1. The RFQ contemplated the award of a contract to the vendor offering the lowest-priced, technically acceptable quotation considering price and technical acceptability, with performance to be completed within 300 days of award. Id. at 1, 4.