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B-299156 1 (2007-02-20)

handle is hein.gao/gaocrptaudi0001 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: Free&Ben Inc.

          File:        B-299156

          Date:        February 20, 2007

          Ben Emosivbe for the protester.
          Lynne Georges, Esq., Defense Logistics Agency, for the agency.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Under procurement for plastic tent stakes, agency properly did not consider
          thickness of stakes in its evaluation of quotations where solicitation neither
          requested such information nor provided for evaluation on such a basis.
          DECISION

          Free&Ben Inc. protests the Defense Logistics Agency's (DLA) issuance of a purchase
          order for 25,000 plastic tent stakes to Middle Tennessee Plastics, Inc. (MTP). The
          protester speculates that MTP was given the opportunity to lower its price after the
          date set for receipt of quotations, thereby displacing the protester as the
          lowest-priced vendor. The protester also argues that the agency improperly failed to
          consider the thickness of the stakes offered in its evaluation.

          We deny the protest.

          BACKGROUND

          On June 22, 2006, DLA's Defense Supply Center Philadelphia (DSCP) posted a
          presolicitation notice on the Federal Business Opportunities (FedBizOpps) website
          announcing its intention to issue a request for quotations (RFQ) for 25,000 plastic
          tent stakes, National Stock Number 8340-01-478-0136. On September 8, the agency
          posted a second notice furnishing additional information regarding the forthcoming
          RFQ. The second notice informed prospective vendors that the RFQ would be
          posted on DLA's Internet Bulletin Board System (DIBBS) and that the response date
          would be September 30.

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