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A 0 Comptroller General
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: PWC Logistics Services Company
File: B-400660
Date: January 6, 2009
Michael R. Charness, Esq., Suzanne D. Reifmann, Esq., Bryan T. Bunting, Esq., and
Jamie F. Tabb, Esq., Vinson & Elkins, for the protester.
Judith Gever, Esq., and Daniel K. Poling, Esq., Defense Logistics Agency, for the
agency.
David Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Agency properly issued waiver in accordance with Federal Acquisition
Regulation § 12.302(c), for commercial item solicitation requirements that may be
inconsistent with customary commercial practice, where agency reasonably found
that requirements subject to waiver were legitimate agency needs.
2. Solicitation is defective for failure to adequately identify bases for proposal
evaluation, as required by Competition in Contracting Act of 1984, 10 U.S.C. 2305(a),
where the solicitation divides requirement for food distribution into two geographic
zones, with estimated value of one nearly five times that of the other, expresses
intent to award each zone to different offeror, but fails to state factors that will be
applied to determine which zone will be awarded to offeror whose proposal is found
most advantageous for both zones.
DECISION
PWC Logistics Services Company (PWC) of Kuwait protests the terms of request for
proposals (RFP) No. SPM300-08-R-0061, issued by the Defense Logistics Agency,
Defense Supply Center Philadelphia (DSCP), for food distribution for authorized
customers in Kuwait, Iraq, and Jordan. PWC asserts that various terms of the
solicitation impose undue risk on the contractor or are otherwise improper.
We sustain the protest with regard to one of the alleged deficiencies.
The solicitation contemplates award of two indefinite-quantity commercial prime
vendor contract[s], with a 2-year base term and two 2-year option periods. The](ViewImageLocal?handle=hein.gao/gaobadixg0001&div=1&collection=&method=preview&ext=.png&size=3)