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B-409872.2 1 (2014-11-06)

handle is hein.gao/gaobadqsj0001 and id is 1 raw text is: G A O 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 Decision [e for ic release. Matter of: Raymond Express International File: B-409872.2 Date: November 6, 2014 John E. Jensen, Esq., Alexander B. Ginsberg, Esq., and Meghan D. Doherty, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Helen J.S. White, Esq., Defense Commissary Agency, for the agency. Matthew T. Crosby, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest against solicitation's price evaluation methodology is sustained where record shows that challenged terms may produce misleading evaluation results in analysis of whether one proposal is more competitive than another. 2. Protest alleging that solicitation provision requiring offerors to bear cost of transporting produce to overseas commissaries violates statutory requirement for use of appropriated funds to pay second destination transportation costs is denied where solicitation's delivery terms eliminate second destination transportation as defined in Department of Defense Financial Management Regulation. DECISION Raymond Express International, of Los Angeles, California, protests the terms of request for proposals (RFP) No. HDEC09-14-R-0002, issued by the Defense Commissary Agency (DeCA) for fresh fruit and vegetables (FF&V) for commissary stores in South Korea, Japan (to include Okinawa), and Guam. Raymond asserts that the solicitation includes flawed pricing and delivery terms and is ambiguous in several respects. We sustain the protest in part and deny it in part. BACKGROUND DeCA operates commissary stores throughout the world for the resale of groceries and household items to members of the military and other authorized patrons.

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