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B-286706.2 1 (2001-03-14)

handle is hein.gao/gaocrptammy0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States 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: Tennier Industries, Inc. File: B-286706.2; B-286706.3 Date: March 14, 2001 Ruth E. Ganister, Esq., Rosenthal and Ganister, for the protester. James J. McCullough, Esq., and Steven A. Alerding, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Tennessee Apparel Corporation, an intervenor. Katherine A. Day, Esq., Department of Justice, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging best value source selection decision is sustained where record shows that agency based decision, in part, on considerations not included in solicitation's evaluation scheme. DECISION Tennier Industries, Inc. protests the award of a contract to Tennessee Apparel Corporation (TAC) under request for proposals (RFP) No. TX00000005, issued by the Federal Bureau of Prisons (BOP), Department of Justice, for quantities of laminated camouflage cloth cut into pieces to be used in the manufacture of trousers. Tennier maintains that the agency misevaluated the offerors' past performance and improperly made its source selection decision based on considerations not set forth in the RFP's evaluation scheme. We sustain the protest. The RFP contemplated the award of an indefinite-delivery/indefinite-quantity contract for a base year, with two 1-year options. The evaluation was to be conducted on a best value basis. The RFP listed two non-price evaluation factors, in descending order of importance: past performance and specification statement of work. RFP § M.5. The solicitation contained no elaboration regarding what would be encompassed in the agency's review under these factors, and the agency did not have a source selection plan that otherwise described them. As for price, for each contract year offerors were required to submit fixed unit prices for fabric for nine sizes of trousers, and also a price for tape used to finish the seams of the trousers.

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