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B-297660 1 (2006-03-06)

handle is hein.gao/gaocrptasng0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Novex Enterprises File: B-297660; B-297660.2 Date: March 6, 2006 Vahe Penbe for the protester. Michael L. Walters, Esq., and Edward C. Hintz, Esq., Defense Logistics Agency, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency unreasonably selected higher-priced proposal based on the fact that its initial delivery was somewhat earlier than the protester's, where the awardee's overall delivery schedule was noncompliant with the delivery schedule established in the solicitation and significantly less advantageous than the protester's compliant delivery schedule, and the agency apparently did not consider this in making the award selection. DECISION Novex Enterprises protests the award of a contract to Badger Truck Center, Inc. under request for proposals (RFP) No. SP0750-06-R-3979, issued by the Defense Logistics Agency (DLA), Defense Supply Center, Columbus, Ohio, for steel side rings. Novex objects to the award on the basis that Badger's proposal was at a higher price and offered a less favorable delivery schedule than Novex's. We sustain the protest. This RFP, issued on September 23, 2005, solicited fixed-price proposals to satisfy an urgent DLA requirement for 15,887 military, steel, side rings National Stock Number (NSN) 2530-00-738-9061. The RFP included the following note: This is an urgent requirement. Please quote your best possible price and delivery. Phased delivery is acceptable if delivery can be improved. There are backorders on this NSN and earlier shipments of smaller quantities, phased out longer may be accepted without

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