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B-407914 1 (2013-04-05)

handle is hein.gao/gaobadplz0001 and id is 1 raw text is: G A O Comptroller General Acc;tabit Infegity ReiIbiIkty of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Novex Enterprises File: B-407914 Date: April 5, 2013 Vahe Penbe, Novex Enterprises, for the protester. Marc Shepler, Esq., Defense Logistics Agency, for the agency. Charles W. Morrow, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Award to a vendor whose quotation was higher-priced than the protester's quotation was reasonable where the awardee had superior past performance record, and the solicitation specifically provided that award could be made to other than the lowest- priced vendor, based on consideration of non-price factors, including past performance. DECISION Novex Enterprises, of Fort Lauderdale, Florida, protests the issuance of a purchase order to Polymer Technologies, Inc. (PTI), of Newark, Delaware, under request for quotations (RFQ) No. SPM7L2-13-3381, issued by the Defense Logistics Agency (DLA), for insulation panels. Novex argues it should have received the award as the lowest-priced vendor. We deny the protest. BACKGROUND The RFQ was issued on November 29, 2012, as a total small business set-aside, and sought quotations to supply 1387 insulation panels, with a delivery term of 144 days after award. The solicitation was issued under the simplified acquisition procedures of Federal Acquisition Regulation (FAR) part 13, and used the terms of DLA Master Solicitation for Automated Simplified Acquisitions (FAR Part 13). See Agency Report (AR), Tab 7, DLA Master Solicitation for Automated Simplified Acquisitions (Nov. 2012) at 1. Award was to be made on a best value basis considering past performance, offered delivery, and price. AR, Tab 8, Evaluation

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