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B-407166,B-407167 1 (2012-11-20)

handle is hein.gao/gaobadpeh0001 and id is 1 raw text is: G A O Comptroller General r n Accountabiitty * Integity I Reliability of the United States United States Government Accountability Office ............................................................................................................................. Unsigt , Stats Gn ADOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been Decision .approved for public release. Matter of: Midwest Tube Fabricators, Inc. File: B-407166; B-407167 Date: November 20, 2012 Cindy Rhodes Victor, Esq., The Victor Firm, PLLC, for the protester. Elliott Wolf, E.W. Packaging Corporation, Inc., for the intervenor. Marc A. Shepler, Esq., Defense Logistics Agency, for the agency. Matthew T. Crosby, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that item offered by awardee cannot have met solicitation specifications merely because awardee offered item at lower price than protester fails to state valid basis of protest. DECISION Midwest Tube Fabricators, Inc., of Sterling Heights, Michigan, protests the issuance of a purchase order to E.W. Packaging Corporation, Inc. (EWPC), of Deerfield Beach, Florida, under request for quotations (RFQ) Nos. SPM7M4-12-T-9441 and SPM7M4-12-T-9460, issued by the Defense Logistics Agency, for a quantity of bent, seamless, stainless steel tube.1 Midwest asserts that based on EWPC's comparatively lower price, the item offered by EWPC could not have met the solicitation specifications, and, therefore, issuance of the purchase order to EWPC was improper. We dismiss the protest. 1 Other than the quantities solicited, the RFQs essentially are identical. This decision provides single, rather than dual, citations to the RFQs because the relevant information appears on the same page of each RFQ.

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