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B-281876 1 (1999-04-22)

handle is hein.gao/gaocrptajie0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Marathon Watch Company Limited File: B-281876; B-281876.2 Date: April 22, 1999 Claude P. Goddard, Jr., Esq., Kilcullen, Wilson and Kilcullen, for the protester. Philip F. Eckert, Jr., Esq., and Stephen Stastny, Esq., Defense Logistics Agency, for the agency. Adam Vodraska, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency selection of higher-priced vendor with excellent performance history instead of lower-priced vendor, whose performance reflected delivery delinquencies, was reasonable and consistent with the solicitation's evaluation scheme, which provided that if the vendor with the best past performance history did not offer the lowest price, the agency would make a tradeoff of price and past performance (including such considerations as inventory status and historical delivery problems), where there was a low inventory of the solicited item and the higher-priced vendor's better performance record indicated a lower performance risk. DECISION Marathon Watch Company Limited protests the issuance of a purchase order by the Defense Logistics Agency, Defense Supply Center Richmond (DSCR), to Stocker & Yale, Inc. (S&Y) under request for quotations (RFQ) No. SP0440-99-X-L121 for analog navigator wrist watches.1 Marathon challenges the adequacy of the best value determination which resulted in the agency's issuance of the purchase order to S&Y. 1Marathon, a Canadian corporation, was joined in this protest by the Canadian Commercial Corporation (CCC), which endorsed Marathon's quotation. Pursuant to the Defense Federal Acquisition Regulation Supplement (DFARS) § 225.870, contracts with Canadian firms generally are to be made with the CCC, which then subcontracts performance of the contract to a specific firm. However, where, as here, simplified acquisition procedures are used, the small purchase is handled directly with the Canadian firm, not through the CCC. DFARS §§ 225.870-1(c)(3), 225.870-2(e).

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