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B-292324 1 (2003-08-08)

handle is hein.gao/gaobacyju0001 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: Delco Industrial Textile Corporation File: B-292324 Date: August 8, 2003 Wendy Diane Wayland, Esq., Cozen & O'Connor, for the protester. Brandon Hoffmann, Weckworth-Langdon, an interested party. Robert L. Mercadante, Esq., Defense Logistics Agency, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's assertion that its subcontractor bore responsibility for untimely delivery under its prime contracts with the agency presents no basis for questioning the agency's downgrading of protester's proposal based on conclusion that its delivery record under those contracts was poor; agency's evaluation properly was based on its reasonable perception of prior performance problems and, in any case, a prime contractor under a government contract is generally responsible for the performance of its subcontractors. DECISION Delco Industrial Textile Corporation protests the award of a contract to Weckworth Manufacturing, Inc. d/b/a Weckworth-Langdon under request for proposals (RFP) No. SP0560-02-R-0376, issued by the Defense Logistics Agency (DLA), Defense Supply Center Philadelphia (DSCP), for sling cargo nets. Delco contends that the award decision was unreasonable. We deny the protest. The RFP, issued July 3, 2002 as a small business set-aside, anticipated the award of a fixed-price contract for quantities of nylon, sling cargo nets, for use in moving cargo from ship to ship by helicopter. The RFP instructed offerors to provide a list of prior contracts performed, along with references. The solicitation also advised offerors that past performance would be evaluated using DLA's Automated Best Value System (ABVS), which assigns firms a numeric score based on their performance history, including delinquencies, length of delinquencies, contractor-caused

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