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B-297168 1 (2005-11-08)

handle is hein.gao/gaocrptaqzg0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability Office      DOCUMENT 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
                                                      approved for public release.

          Decision

          Matter of: Bernard Cap Company, Inc.

          File:        B-297168

          Date:        November 8, 2005

          Scott P. Pavelle, Esq., for the protester.
          Jeffrey P. Hildebrant, Esq., and William T. Welch, Esq., Barton, Baker, McMahon,
          Hildebrant & Tolle, for Kingform Cap Company, Inc., an intervenor.
          Isaac Johnson, Jr., Esq., Department of Homeland Security, United States Coast
          Guard, for the agency.
          Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest is denied where the agency's evaluation of the protester's proposal was
          reasonable and consistent with the terms of the solicitation, and where the
          solicitation provided that the technical evaluation factors, when combined, were
          significantly more important than price, the agency reasonably selected for award a
          firm submitting a higher technically rated, higher priced proposal.
          DECISION

          Bernard Cap Company, Inc. protests the award of a contract to Kingform Cap
          Company, Inc. under request for proposals (RFP) No. HSCG23-04-R-PUD626, issued
          by the Department of Homeland Security, United States Coast Guard (USCG),
          Uniform Distribution Center, for quantities of officer and enlisted combination
          hats/caps and covers for males and females. Bernard, which submitted a
          significantly lower priced proposal for the male items only, challenges the evaluation
          of its proposal and the agency's best value determination that resulted in the award
          to Kingform, which submitted a higher technically rated, higher priced proposal for
          the male items.

          We deny the protest.

          The RFP was issued on December 17, 2004 as a small business set-aside and
          stated that the agency reserve[d] the right to award multiple ... fixed[-]price
          Indefinite-Delivery, Indefinite [-] Quantity contracts for one, varied or all items listed
          in the schedule for a 5-year period to the offeror(s) whose proposal(s) represented

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