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B-298196 1 (2006-07-06)

handle is hein.gao/gaocrptaspf0001 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    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: Capps Shoe Company, Inc.

          File:        B-298196; B-298196.2

          Date:        July 6, 2006

          William S. Foster, Esq., John H. Williamson, Esq., and Anand V. Ramana, Esq.,
          McGuire Woods LLP, for the protester.
          David T. Ralston, Jr., Esq., George W. Ash, Esq., Frank S. Murray, Esq., and Philip A.
          Nacke, Esq., Foley & Lardner LLP, for Wolverine World Wide, Inc., an intervenor.
          Maria Ventresca, Esq., Defense Logistics Agency, for the agency.
          Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protester's delivery performance, which evidenced significant delinquencies, was
          reasonably found marginal by the agency.
          DECISION

          Capps Shoe Company, Inc. protests the award of a contract to Wolverine World
          Wide, Inc., under request for proposals (RFP) No. SP0100-05-R-0036, issued by the
          Defense Logistics Agency (DLA) for men's and women's leather dress shoes. The
          protester argues that the agency improperly evaluated its past performance.

          We deny the protest.

          The RFP contemplated the award of an indefinite-delivery, indefinite-quantity
          contract with minimum and maximum quantities for a 1-year base ordering period
          with four 1-year option periods to the offeror whose proposal was most
          advantageous to the government, price and other factors considered. The RFP
          specified the following evaluation factors, listed in descending order of importance:
          past performance, vendor managed program, bill and hold capability,
          socio-economic considerations, and Javits-Wagner-O'Day Act (JWOD) entity. The
          solicitation provided that technical and past performance, when combined, are...
          significantly more important than cost or price. RFP at 74. The RFP provided that
          the first three non-price factors would be assigned an overall rating of exceptional,
          very good, satisfactory, marginal, and unsatisfactory, whereas the proposals would
          be rank-ordered under the two lowest weighted non-price factors.

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