Quantico Arms and Tactical Supply, Inc.

2008 WL 4394896 (2008)

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Quantico Arms and Tactical Supply, Inc.

United States Government Accountability Office
2008 WL 4394896 (2008)

  • Written by Liz Nakamura, JD

Facts

The United States Marine Corps (Marine Corps) (defendant) issued a Request for Quotations (RFQ) to Federal Supply Schedule (FSS) contractors for a contract to design, manufacture, and supply 120,000 flame-resistant shirts in sizes small, medium, large, extra-large, and XX-large. The RFQ stated that responsive contractors would need to submit two large-size samples for flame-resistance testing. The Marine Corps did not provide dimension specifications for the requested sizes. Before the quotation submission due date, Quantico Arms and Tactical Supply, Inc. (Quantico) (plaintiff) filed a protest with the Government Accountability Office (GAO) arguing that the Marine Corps’ failure to include size specifications in the RFQ impeded Quantico’s ability to prepare a responsive quote and compete on a common basis with other FSS contractors. The Marine Corps countered, arguing that (1) it was more concerned with the flame-retardant properties of the submitted models than the size uniformity; (2) the sizing requirements were adequately stated for a commercial procurement contact under FSS; and (3) the Marine Corps had previously purchased similar shirts from commercial vendors without incident in response to similar RFQs.

Rule of Law

Issue

Holding and Reasoning (Kepplinger, J.)

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