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B-298196,B-298196.2 1 (2006-07-06)

handle is hein.gao/gaobaczqe0001 and id is 1 raw text is: 




         G    A     0Comptroller General
c      Accountability * 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.

         Decision

         Matter  of:  Capps Shoe Company, Inc.

         File:        B-298196; B-298196.2

         Date:       July 6, 2006

         William S. Foster, Esq., John H. Williamson, Esq., and Anand V. Ramana, Esq.,
         McGuire  Woods LLP, for the protester.
         David T. Ralston, Jr., Esq., George W. Ash, Esq., Frank S. Murray, Esq., and Philip A.
         Nacke, Esq., Foley & Lardner LLP, for Wolverine World Wide, Inc., an intervenor.
         Maria Ventresca, Esq., Defense Logistics Agency, for the agency.
         Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protester's delivery performance, which evidenced significant delinquencies, was
         reasonably found marginal by the agency.
         DECISION

         Capps  Shoe Company, Inc. protests the award of a contract to Wolverine World
         Wide, Inc., under request for proposals (RFP) No. SP0100-05-R-0036, issued by the
         Defense Logistics Agency (DLA) for men's and women's leather dress shoes. The
         protester argues that the agency improperly evaluated its past performance.

         We  deny the protest.

         The RFP  contemplated the award of an indefinite-delivery, indefinite-quantity
         contract with minimum and maximum  quantities for a 1-year base ordering period
         with four 1-year option periods to the offeror whose proposal was most
         advantageous to the government, price and other factors considered. The RFP
         specified the following evaluation factors, listed in descending order of importance:
         past performance, vendor managed program, bill and hold capability,
         socio-economic considerations, and Javits-Wagner-O'Day Act (JWOD) entity. The
         solicitation provided that technical and past performance, when combined, are ...
         significantly more important than cost or price. RFP at 74. The RFP provided that
         the first three non-price factors would be assigned an overall rating of exceptional,
         very good, satisfactory, marginal, and unsatisfactory, whereas the proposals would
         be rank-ordered under the two lowest weighted non-price factors.

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