Sanitz Enterprises, Inc. (B-423374)

You should not care.

Category: Technically acceptable

Date: 30 May 2025

URL: https://www.gao.gov/products/b-423374

Sanitz Enterprises, Inc., protested GSA’s issuance of a delivery order for steel spill containment berms at Joint Base Lewis-McChord, contending that its quotation was improperly evaluated as technically unacceptable. Sanitz argued that its proposed “equal” product met all the salient characteristics stipulated in the RFQ—trilinear sidewalls, fiberglass coating, and a movable filtration system. GSA found Sanitz’s supporting documentation insufficient and ambiguous, particularly regarding whether its proposed product met these characteristics. After providing Sanitz a brief opportunity to clarify—which went unanswered due to an out-of-office employee—GSA relied on both agency and customer review to conclude the offering did not demonstrate compliance. The award went to the brand name supplier, Containment Corporation:

• Ambiguity in supporting literature: GAO noted the solicitation required descriptive literature sufficient to prove compliance; Sanitz’s submission was ambiguous and its technical compliance document, which simply “checked boxes,” was not enough when the literature and graphic failed to confirm required features.
• Vendor responsibility: The burden was on Sanitz to provide clear, unambiguous proof that its product met solicitation requirements.
• Agency discretion and reasonable evaluation: GAO reiterated that it will not second-guess agency technical determinations unless inconsistent with solicitation or law, which was not the case here.

The protest was denied.

Digest

Protest challenging the evaluation of the protester’s quotation as technically unacceptable is denied where the agency’s evaluation was reasonable and consistent with the terms of the solicitation.