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B-298720 1 (2006-11-29)

handle is hein.gao/gaocrptasrr0001 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: Midland Supply, Inc.

          File:        B-298720; B-298720.2

          Date:        November 29, 2006

          Richard D. Lieberman, Esq., and Nicole S. Allen, Esq., McCarthy, Sweeney &
          Harkaway, P.C., for the protester.
          Adele Ross Vine, Esq., General Services Administration, for the agency.
          Linda S. Lebowitz, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Under solicitation providing for award to offeror whose proposal is found to be the
          most advantageous to the government based on past performance, delivery, and
          price, selection of lower technically rated, lower-priced proposal is improper where
          the record shows that selection decision was based on a mechanical comparison of
          offerors' total point scores and lacks any documentation indicating that a
          price/technical tradeoff was made.
          DECISION

          Midland Supply, Inc. protests the award of a contract to Danaher Tool Group under
          solicitation No. 6FLS-G3-050327-N, issued by the General Services Administration for
          quantities of 50 commercial line items in the 5120 Federal Supply Class (handtools,
          non-edged, non-powered). Midland challenges the agency's award for line item No. 1
          for socket wrench sets (an item Midland has provided to the government since 2001)
          to Danaher, a firm submitting a lower technically rated, lower-priced proposal for
          this line item.

          We sustain the protest.

          The solicitation, issued on February 24, 2006, contemplated awards of fixed-price
          requirements contracts for a 2-year base period with three 1-year option periods.
          The solicitation included the clause at Federal Acquisition Regulation (FAR)
          § 52.212-2, captioned Evaluation--Commercial Items, which provided that the
          agency would award contracts to the responsible offerors whose proposals,
          conforming to the solicitation, were determined to be most advantageous to the
          government, past performance, delivery, and price considered. (The past

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