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B-280447 1 (1998-08-28)

handle is hein.gao/gaocrptahvo0001 and id is 1 raw text is: 


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




             Matter of: YKK (U.S.A.), Inc.

             File:       B-280447

             Date:       August 28, 1998

             David M. Goodman for the protester.
             Katherine A. Day, Esq., Federal Bureau of Prisons, for the agency.
             Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Protester's contention that the agency improperly evaluated awardee's past
             performance is denied where the record shows that the agency evaluated in
             accordance with the criteria announced in the solicitation, and the record
             reasonably supports the ratings assigned the awardee's proposal.

             2. Whether an offeror can or will supply domestic products in accordance with the
             terms of a solicitation concerns a matter of responsibility which General Accounting
             Office generally will not review absent a showing of possible bad faith, or that
             definitive responsibility criteria may not have been met.
             DECISION

             YKK (U.S.A.), Inc. protests the award of a contract to Pacific Contract Management
             (PCM) under request for proposals (RFP) No. 1PI-R-1005-98, issued by the
             Department of Justice, Federal Prison Industries (UNICOR), for various quantities
             of zippers. YKK contends that the agency improperly failed to evaluate PCM's
             proposal in accordance with the evaluation criteria announced in the RFP. YKK
             also argues that PCM intends to furnish a non-domestic item in violation of the
             solicitation.

             We deny the protest.

             The RFP was issued on March 19, 1998 to 13 potential offerors and contemplated
             the award of a fixed-price, indefinite-delivery, indefinite -quantity requirements
             contract for a base year and up to two 1-year option periods. Section B of the RFP
             listed 36 contract line item numbers (CLIN) describing the various zipper
             requirements and estimated quantities for each CLIN for the base (CLINs 0001-0012)
             and option periods (CLINs 0013-0036). For the base period, the zippers identified
             by CLINs 0001-0009 were to be delivered to Fort Dix, New Jersey, and those
             identified by CLINs 0010-0012 were to be delivered to UNICOR Federal Prison

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