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B-280645 1 (1998-09-17)

handle is hein.gao/gaocrptahwk0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Phillips Industries, Inc. File: B-280645 Date: September 17, 1998 Marshall L. Phillips III for the protester. Philip F. Eckert, Jr., Esq., Defense Logistics Agency, for the agency. Michael Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency selection of slightly higher-priced offeror with excellent performance history instead of lower-priced offeror with no performance history is reasonable and consistent with solicitation's evaluation scheme, which weighed past performance and price equally, and where the item was in backlog status, anticipated demand was high, and agency concluded that the awardee's established excellent record for timely delivery was worth the slightly higher price. DECISION Phillips Industries, Inc. protests the Defense Supply Center Richmond's (DSCR) award of a contract for Combat Quick Kill insecticide, a commercial item manufactured by Clorox Company, to Amjay Chemicals under request for proposals (RFP) No. SP0450-98-R-0989. The item is a bait station, commonly referred to as a roach motel. Contracting Officer (CO) Report, Aug. 12, 1998, at 2. Phillips, the low-priced offeror, alleges that DSCR misapplied the evaluation factor for past performance and made an improper tradeoff decision to award the contract to Amjay, the third lowest-priced offeror. We deny the protest. The RFP required delivery of 3,000 packages of this product within 45 days after award. RFP section B, at 2; RFP, DSCR clause 52.211-9G52, at 8. The RFP provided: The Government will award a contract ... to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: See Section M of the solicitation

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