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B-280270 1 (1998-08-10)

handle is hein.gao/gaocrptahuz0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Randolph Engineering Sunglasses File: B-280270 Date: August 10, 1998 Ronald S. Perlman, Esq., Ralph L. Kissick, Esq., and Jeffrey L. Karlin, Esq., Zuckert, Scoutt & Rasenberger, for the protester. John F. Kearney, Esq., AO Sunwear USA, Inc., an intervenor. J. Albert Calluso, Esq., Defense Logistics Agency, for the agency. Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In procurement set aside for small businesses, where protester fails to timely challenge proposed awardee's size status after receiving agency notice of intent to award and contracting officer otherwise had no information prior to award that impeached awardee's certification that it is a small business, contracting officer acted reasonably in not questioning that certification. 2. Protest of price/technical tradeoff in best value procurement is denied where source selection authority reasonably determined that protester's excellent past performance rating did not justify paying a significantly higher price than that proposed by an offeror with a good past performance rating. DECISION Randolph Engineering Sunglasses protests the award of a contract to AO Sunwear USA, Inc. under request for proposals (RFP) No. SP0200-97-R-5014 for aviation sunglasses issued by the Defense Supply Center Philadelphia (DSCP), Defense Logistics Agency. Randolph questions the compliance of AO's proposed product with the RFP specifications and protests the award determination and the agency's acceptance of AO's certification that it is a small business. We deny the protest. The RFP was issued as a total small business set-aside for the supply of aviation sunglasses made in accordance with military specifications incorporated in the RFP. The RFP contemplated award of a fixed-price, indefinite-quantity, indefinite-delivery contract for a base year with two 1-year options at an estimated quantity of 40,920 sunglasses for each year.

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