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B-271686 1 (1996-07-24)

handle is hein.gao/gaocrptaefo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Smith of Galeton Gloves, Inc. File: B-271686 Date: July 24, 1996 Lola Dickerman, Esq., for the protester. Maria C. Santucci, Esq., Defense Logistics Agency, for the agency. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, participated in the preparation of the decision. DIGEST 1. Agency's evaluation of protester's past performance as marginally acceptable was reasonable where the record shows that the protester was delinquent on two contracts, and did not--in response to direct discussion questions--submit any evidence to explain these delinquencies. 2. Protester's deficient past performance rating was not required to be referred to the Small Business Administration for review as a responsibility matter under certificate of competency proceedings since past performance was a technical evaluation factor that was evaluated on a comparative basis, and therefore did not constitute a finding pertaining to the protester's responsibility. 3. Where the solicitation stated that technical quality was more important than price, an award to a higher-priced offeror was reasonable where the source selection authority reasonably concluded that the awardee's proposal was technically superior to the protester's proposal and was worth its 10-percent higher price. DECISION Smith of Galeton Gloves, Inc. protests the award of a contract to Nationwide Glove Company under request for proposals (RFP) No. SPO100-95-R-0244, issued by the Defense Personnel Support Center (DPSC), Defense Logistics Agency (DLA), for the manufacture and delivery of chemical protective glove inserts. Smith challenges the award on the ground that the agency improperly downgraded its proposal under the past performance evaluation factor; had this downgrading not occurred, Smith contends, it would have been equally ranked with Nationwide in technical merit, and would have received contract award as the lowest-priced offeror. We deny the protest. 253724

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