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B-293964 1 (2004-07-13)

handle is hein.gao/gaocrptapmw0001 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
Washington, DC 20548



          Decision


          Matter of: Dix Corporation

          File:       B-293964

          Date:       July 13, 2004

          Patrick J. Kirby, Esq., Ryan D. Yahne, Esq., and Richard D. Campbell, Esq., Dunn &
          Black, for the protester.
          John Breiling, Esq., and Misty Latcu, Esq., Department of the Army, for the agency.
          Henry J. Gorczycki, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Where a solicitation states that award will be made on the basis of lowest price
          among quotations found satisfactory under the past performance/experience criteria,
          but also includes language suggesting that the agency would make a best value
          selection, including a cost/technical tradeoff if necessary, the solicitation is
          ambiguous on its face, and a protest of an award made on a lowest price, technically
          acceptable basis is untimely.

          2. Where request for quotations did not include separate evaluation criteria for
          evaluating the experience of individual key personnel and did not otherwise
          expressly restrict the consideration of key personnel experience under the corporate
          experience subfactor, agency properly could consider the individual experience of
          vendor's key personnel in determining whether the vendor's experience satisfied the
          requirement for a minimum of 3 years of corporate experience rehabilitating cranes
          of similar size and scope.
          DECISION

          Dix Corporation protests the U.S. Army Corps of Engineers' issuance of a purchase
          order to Service Crane, LLC, under request for quotations (RFQ) No. W9127N-04-Q-
          0020, for bridge crane rehabilitation at the powerhouses at Detroit Dam and Big Cliff
          Dam, Oregon. Dix protests the agency's evaluation and resulting source selection
          decision.


We deny the protest.

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