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B-277768 1 (1997-11-19)

handle is hein.gao/gaocrptagdq0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Nomura Enterprise, Inc. File: B-277768 Date: November 19, 1997 Al Weed, Esq., for the protester. Joel R. Feidelman, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Defense Research Incorporated, an intervenor. Vera Meza, Esq., Department of the Army, for the agency. John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where an agency uses a traditional responsibility factor, such as past performance, as a technical evaluation factor, the comparative evaluation of proposals under such factor does not involve a matter of responsibility subject to the Small Business Administration's certificate of competency procedures. 2. In a negotiated, best value procurement, an agency may select a higher-rated, higher-priced proposal for award, where the agency reasonably determines in accordance with the stated evaluation criteria that the technical superiority of the higher-rated proposal outweighs the price advantage of the lower-rated proposal. DECISION Nomura Enterprise, Inc. protests the award of a firm, fixed-price contract to Defense Research Incorporated under request for proposals (RFP) No. DAAA09-97- R-0126, issued by the Department of the Army for a quantity of missile warhead metal parts. Nomura challenges as unreasonable the Army's decision to award to Defense at a significantly higher price than Nomura offered. Nomura contends that the agency's selection decision was based on the firm's low past performance evaluation rating, which Nomura maintains essentially constituted a nonresponsibility determination that the agency should have referred to the Small Business Administration (SBA) for the possible issuance of a certificate of competency (COC). We deny the protest.

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