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B-276878 1 (1997-07-29)

handle is hein.gao/gaocrptagaa0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: SWR, Inc.

             File:       B-276878

             Date:       July 29, 1997

             Timothy S. Swindall for the protester.
             Michael Briskin, Esq., and Elizabeth M. Grant, Esq., Defense Logistics Agency, for
             the agency.
             C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             Where solicitation identified price and past performance as equally weighted
             evaluation criteria, identified form on which firms were to provide past performance
             information, and advised firms of the use to which the form would be put and the
             manner in which past performance would be evaluated, selection of higher-priced
             quote submitted by firm with higher past performance rating was reasonable and
             consistent with the stated evaluation scheme; protest that form used for past
             performance evaluation was insufficient to distinguish between firms is untimely,
             since the solicitation clearly described the use to which the form would be put.
             DECISION

             SWR, Inc. protests the issuance of a purchase order to Technical Specialties, Inc.
             (TSI) under request for quotations (RFQ) No. SP4700-97-Q-0001, issued by the
             Defense Logistics Agency (DLA) for maintenance of computers. SWR asserts that
             the agency lacked a reasonable basis for its evaluation of quotes and selection of
             TSI.

             We deny the protest.

             This requirement was initially issued on December 31, 1996, as a request for
             proposals to supply parts and labor necessary for remedial and preventative
             maintenance of government-owned microcomputers and peripheral equipment
             located at the DLA headquarters complex at Ft. Belvoir, Virginia and other DLA-
             supported activities in the Washington, D.C. metropolitan area. On January 23,
             1997, DLA converted the solicitation to a small purchase RFQ, in accordance with
             Federal Acquisition Regulation (FAR) Part 13. As amended, the RFQ contemplated
             the issuance of a fixed-price, time-and-materials purchase order for a performance
             period not to exceed either a maximum funding ceiling of $50,000 or 1 year,
             whichever occurred earlier. The RFQ stated that award would be made to the firm

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