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B-280180.2 1 (1998-09-28)

handle is hein.gao/gaocrptahut0001 and id is 1 raw text is: 


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




Matter of: The Xerxe Group, Inc.

File:       B-280180.2; B-280180.3; B-280180.4

Date:        September 28, 1998

Andrew Searcy, Jr. for the protester.
Louise E. Hansen, Esq., Defense Logistics Agency, for the agency.
John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Neither the Small Business Act nor any other statute precludes a contracting agency
from comparatively evaluating the proposal of a small disadvantaged business
concern where the solicitation's evaluation factors contemplate such an evaluation.
DECISION

The Xerxe Group, Inc. protests the award of contracts to any other offerors under
requests for proposals (RFP) Nos. SP0600-97-R-0055-0109 (-0109), SP0600-R-0055-
0110 (-0110), and SP0600-97-R-0055-0111 (-0111), issued by the Defense Energy
Support Center, Defense Logistics Agency (DLA), for the direct supply of natural
gas to various installations in the United States. Xerxe, a small disadvantaged
business (SDB) concern, protests the agency's evaluation of its proposals.

We deny the protests.

The protested natural gas requirements were originally to be procured under RFP
No. SP0600-97-R-0055 (-0055), issued on June 4, 1997. This RFP provided for the
award of fixed-price with economic price adjustment, indefinite-delivery type
contracts, or the issuance of basic ordering agreements (BOA), depending on the
contract line item number (CLIN). RFP -0055 stated that award would be made to
the offeror submitting the offer determined to be the best value to the government,
and listed the following evaluation factors in descending order of importance:

      (1) Technical Experience
          (A) Transportation
          (B) Supply Management
          (C) Quality of Previous Experience

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