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B-271431 1 (1996-06-25)

handle is hein.gao/gaocrptaeel0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Quality Fabricators, Inc. File: B-271431; B-271431.3 Date: June 25, 1996 Timothy S. Kerr, Esq., Elliott Reihner Siedzikowski & Egan, for the protester. James J. McCullough, Esq., Joel R. Feidelman, Esq., and Anne B. Perry, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Tri-Way Industries, Inc., an intervenor. Michael J. Cunningham, Jr., Esq., Department of the Navy, for the agency. John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Exclusion of the protester's proposal from the competitive range was reasonable where, based on the evaluation of its past performance, which included late deliveries, quality deficiency reports concerning manufacturing defects, and a refusal or inability to manufacture some of the same items under a previous contract, the agency reasonably concluded that the firm had no reasonable chance for award. DECISION Quality Fabricators, Inc. (QFI) protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N00140-96-R-D11O, issued by the Department of the Navy for various types of lockers for the Navy's habitability program. QFI also protests the award to Tri-Way Industries, Inc. under the solicitation. We deny the protests. BACKGROUND The solicitation contemplated the award of an indefinite delivery, indefinite quantity contract for a base year with 3 option years. Award was to be made to the offeror whose proposal, conforming to the solicitation, was most advantageous to the government, considering two factors: past performance and price. The solicitation stated that past performance would be considered significantly more important than price and that the government could award to other than the lowest-priced offeror. 916716

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