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B-280814 1 (1998-11-25)

handle is hein.gao/gaocrptahwy0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Packaging Strategies, Inc. File: B-280814 Date: November 25, 1998 James H. Roberts, III, Esq., Manatt, Phelps & Phillips, for the protester. Edward LeCouix for ECS Composites, an intervenor. Robert C. Peterson, Esq., Department of the Navy, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. A proposal for transit cases is technically acceptable with regard to a requirement that the cases not have sharp metal edges, where the initial proposal did not take exception to the requirement and subsequent proposal revisions stated that there would be no sharp edges. 2. Agency selection of a higher-priced offeror with a reasonably assessed low performance risk rating, instead of a lower-priced offeror with a reasonably assessed high risk rating, based on prior contract delinquencies and quality defects, is reasonable and consistent with the stated evaluation scheme. DECISION Packaging Strategies, Inc. protests an award to ECS Composites under request for proposals (RFP) No. N65236-98-R-0457, issued by the Department of the Navy, Space and Naval Warfare Systems Center Charleston, South Carolina, for five types of transit cases for information technology equipment. We deny the protest. The RFP was issued on July 9, 1998, as a total small business set-aside, pursuant to the streamlined procedures of Federal Acquisition Regulation (FAR) Subpart 12.6 (June 1997) for the evaluation and solicitation of commercial items. RFP at 1. The procurement was handled as part of the test program using simplified acquisition procedures for commercial items. See FAR Subpart 13.5. The RFP contemplated a fixed-price, indefinite-delivery, indefinite-quantity contract for 3 years with an estimated total quantity of 2,900 cases and a minimum guaranteed value of $50,000. RFP at 1-2.

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