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B-286607 1 (2001-01-24)

handle is hein.gao/gaocrptammq0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Farmland National Beef File: B-286607; B-286607.2 Date: January 24, 2001 James H. Roberts, III, Esq., Manatt Phelps & Phillips, for the protester. Eliot J. Clark, Jr., Esq., Defense Commissary Agency, for the agency. Harvey G. Sherzer, Esq., Scott Arnold, Esq., and Mitchel Neurock, Esq., Howrey, Simon, Arnold & White, for Excel Corporation, an intervenor Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where awardee's proposal to provide beef products to Department of Defense commissaries stated that the awardee was taking exception to the solicitation's mandatory delivery schedule, and the awardee's subsequent submissions further explained that it was proposing a flexible schedule under which the awardee would determine on a week-by-week basis when deliveries would be made to the various commissaries, award was improper in that the awardee's proposal failed to conform to a material solicitation requirement. DECISION Farmland National Beef (FNB) protests the Defense Commissary Agency's (DeCA) award of a contract to Excel Corporation under request for proposals (RFP) No. DECA02-00-R-0007 for the sale and delivery of beef to commissaries in the northern area of DeCA's Eastern Region. FNB protests the award on the basis that the agency improperly evaluated FNB's and Excel's proposals with regard to past performance, and that Excel's proposal took exception to the solicitation's delivery schedule requirements. We sustain the protest. 1 FNB's initial protest challenged the past performance evaluations. Upon reviewing the agency report, FNB protested Excel's exception to the delivery requirements.

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