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A G A O Comptroller General
. Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: Midwest Metals
File: B-296303
Date: June 3, 2005
David Murar for the protester.
Marc L. Peterson, Esq., Defense Logistics Agency, for the agency.
Sharon L. Larkin, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Purchase order issued to vendor quoting a higher price is reasonable, where agency
reasonably determined that higher-rated past performance indicated less
performance risk and was worth the additional cost.
DECISION
Midwest Metals protests the issuance of a purchase order to Y2K Machine Shop
under request for quotations (RFQ) No. SP0500-05-T-6804, issued by the Defense
Logistics Agency (DLA) for parts.
We deny the protest.
The RFQ, issued as a total small business set-aside, was listed on the Defense Supply
Center Philadelphia (DSCP) General and Industrial Electronic Bulletin Board (EBB)
system, the DLA Preaward Contracting System Electronic Data Interchange, and the
DLA Procurement Gateway. Contractors that entered into the EBB or the DLA
Procurement Gateway for purposes of submitting a quotation under the RFQ agreed
to the terms and conditions of the then-current version of the DSCP Simplified
Purchase Agreement (SPA). The SPA specified that award would be made on a
best-value basis, using tradeoff techniques that included the Delivery Evaluation
Factor Program, the Automated Best Value System [(ABVS),] and the Contracting
Officer's individual determinations based on a comparative assessment of pertinent
circumstances, including past performance, delivery and product quality. SPA at 19.
The ABVS is an automated system which collects and analyzes vendors' past
performance history for a specific period and translates it into a numeric score; it is
based on considerations of delivery and quality.](ViewImageLocal?handle=hein.gao/gaocrptaqxa0001&div=1&collection=&method=preview&ext=.png&size=3)