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B-309982.3 1 (2008-12-10)

handle is hein.gao/gaobadarq0001 and id is 1 raw text is: AliL AL A , G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been *eiinapproved for public release. D e c i s i o n ----------------------------------------------------------- Matter of: Master Lock Company, LLC File: B-309982.3 Date: December 10, 2008 William M. Weisberg, Esq., Joyce L. Tong, Esq., Angela L. Nadler, Esq., Bryan Cave LLP, for the protester. Gail L. Booth, Esq., Defense Logistics Agency, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest arguing that an agency's rationale for making a split award was improperly based on an undisclosed criterion of demand for the solicited items--or, alternatively, giving disproportionate weight to a single criterion--is denied where the solicitation stated that past performance in delivering similar quantities of items would be considered, and the evaluation was consistent with the terms of the solicitation. DECISION Master Lock Company, LLC, of Oak Creek, Wisconsin, protests the award of a contract to Evergreen Specialty Services under request for proposals (RFP) SPM5L5- 07-R-0056, issued by the Defense Logistics Agency (DLA) for low security padlocks. Master Lock contends that the agency improperly considered the anticipated demand for each lock type when conducting a price/technical tradeoff for that type. The protester also argues, in the alternative, that if demand was a proper evaluation criterion, the agency's selection decision elevated its importance in a manner inconsistent with the solicitation's stated evaluation scheme. We deny the protest. BACKGROUND This protest involves the second challenge to DLA's rationale for splitting between Master Lock and Evergreen the awards to provide 35 separate types of locks, and arises after the agency's reevaluation of proposals in response to our decision sustaining the earlier protest. Although the protester initially received an award for

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