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B-297950.3 1 (2007-03-19)

handle is hein.gao/gaocrptaubb0001 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: Propper International, Inc. File: B-297950.3; B-297950.4; B-297950.5 Date: March 19, 2007 Ronald K. Henry, Esq., Kaye Scholer LLP, for the protester. Ruth E. Ganister, Esq., Rosenthal and Ganister, for Tennier Industries, Inc., an intervenor. Maria Ventresca, Esq., Defense Logistics Agency, Defense Supply Center Philadelphia, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of evaluation of proposals and award to offeror with slightly higher-priced, higher technically rated proposal is denied where the record shows that the evaluation and source selection were reasonable and consistent with the terms of the solicitation. DECISION Propper International, Inc. protests the award of a contract to Tennier Industries, Inc. under request for proposals (RFP) No. SPO100-04-R-0151, issued by the Defense Logistics Agency (DLA), Defense Supply Center Philadelphia (DSCP), for all-purpose environmental camouflage system (APECS) parkas and trousers. The protester primarily contends that the past performance evaluation and source selection determination were unreasonable. The protester asserts that the agency's attempts to find past performance references for the firm's previous work were insufficient. The protester also contends that given its previous experience manufacturing and participating in the development of the APECS items, commendations it received for those efforts during part of the RFP's rating period, and its lower price, its proposal should have been considered the best value for award.' 1 Propper earlier protested the initial award to Tennier under the RFP. Following alternate dispute resolution procedures conducted by our Office in that protest, in which we expressed concern about the agency's apparent failure to properly consider the relevance of offerors' past performance information, the agency chose (continued...)

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