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B-291629 1 (2003-02-04)

handle is hein.gao/gaobacyfa0001 and id is 1 raw text is: 


   I

          G    A     0Comptroller General
A-      Accountability * Integrity * Reliability                      of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter  of:  Payne Construction

          File:        B-291629

          Date:        February 4, 2003

          Alan Payne for the protester.
          L. Benjamin Young, Jr., Esq., Department of Agriculture, 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

          Agency should have considered protester's quotation where it was received prior to
          agency's commencement  of quotation evaluation and other vendors would not have
          been prejudiced.
          DECISION

          Payne Construction protests the failure of the Forest Service to consider its
          quotation and the agency's issuance of a purchase order to Ridgley Engineering
          under request for quotations (RFQ) No. RFQ-17-02-120, for excavator piling site
          preparation in Tahoe National Forest, California.

          We  sustain the protest.

          The RFQ, which was issued on June 17, 2002 using Federal Acquisition Regulation
          Part 13 simplified acquisition procedures, requested prices on 13 line subitems
          (numbered  lA-iF and 2A-2G), representing estimated acreages at 13 different work
          sites. The solicitation contemplated the issuance of an order to the vendor whose
          quotation represented the best value to the government. Factors to be considered in
          the determination of best value included price, experience, delivery, quality, and past
          performance. The RFQ  invited interested firms to [p]lease furnish quotations to the
          issuing office in block 5a on or before close of business July 16, 2002.

          Neither Ridgley nor Payne furnished a quotation by the July 16 due date. Two other
          vendors did provide quotations, but the agency determined that one was
          unrealistically low in price and that the other was from a vendor who had
          experienced difficulties in completing work on time. Contracting Officer's Statement

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