About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-310535 1 (2008-01-03)

handle is hein.gao/gaocrptavxb0001 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: Utility Tool & Trailer, Inc.

          File:        B-310535

          Date:        January 3, 2008

          Joe Weiland, Utility Tool & Trailer, Inc., for the protester.
          Jeffrey I. Kessler, Esq., and Christopher Van der Waerden, Esq., U.S. Army Materiel
          Command, for the agency.
          Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest challenging an agency's selection of an offeror with lower-rated delivery
          schedule and lower-priced proposal is denied where the agency reasonably decided
          that the price premium involved in selecting the protester's higher-priced proposal to
          obtain the benefit of that proposal's slightly more favorable delivery schedule was
          not justified.
          DECISION

          Utility Tool & Trailer, Inc. (UTT) protests the award of a requirements-type contract
          to Schutt Industries, Inc. under request for proposals (RFP) No. W56HZV-07-R-G094,
          issued by the United States Army Tank-Automotive and Armaments Command
          (TACOM) for 5-ton dual axle trailers. UTT argues that the agency abandoned the
          stated evaluation criteria (and made an unreasonable best value decision) when it
          failed to select UTT's higher-priced proposal offering shorter delivery times and
          applied unreasonable calculations for freight costs to portions of its proposals.

          We deny the protest.

          BACKGROUND

          The RFP, issued on April 13, 2007, provided for the award of a 3-year requirements
          contract for delivery of 5-ton dual-axle trailers for use in Iraq and Afghanistan, and
          for potential foreign military sales. The RFP included an estimated first-year
          quantity of 75 trailers destined for Afghanistan (to be priced FOB Origin) and
          6 trailers destined for Iraq (to be priced FOB Destination). The RFP also included an

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most