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B-299366.3 1 (2007-07-16)

handle is hein.gao/gaocrptauef0001 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: Benchmade Knife Co., Inc.

          File:        B-299366.3, B-299366.4

          Date:        July 16, 2007

          Terrence M. O'Connor, Esq., and Seth C. Berenzweig, Esq., Albo & Oblon, LLP, for
          the protester.
          David T. Ralston, Jr., Esq., Philip A. Nacke, Esq., and Frank S. Murray, Esq., Foley &
          Lardner, LLP, for Gerber Legendary Blades, an intervenor.
          Gail L. Booth, Esq., Defense Logistics Agency, for the agency.
          Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency, in the course of reevaluating proposals, used an improper time
          period to recalculate an offeror's Automated Best Value System (ABVS) score is
          denied where the record supports the agency's contention that it used the same
          ABVS scores in the initial evaluation and the reevaluation.
          DECISION

          Benchmade Knife Co., Inc. protests the award of a contract to Gerber Legendary
          Blades under request for proposals (RFP) No. SPM7LX-07-R-0001, issued by the
          Department of Defense (DOD), Defense Logistics Agency (DLA), Defense Supply
          Center-Columbus (DSCC) for two combat knives. The protester argues that the
          agency considered ABVS scores' for the awardee that included information on past
          delivery performance that was current as of the date of the reevaluation and not the
          initial evaluation, contrary to the RFP terms.2


          1 The ABVS is a computerized system used by DLA that collects a vendor's past
          performance data for a specific period and translates it into a numeric score. See
          Midwest Metals, B-296303, June 3, 2005, 2005 CPD 117 at 1.
          2 Benchmade also initially alleged that: the agency's best value determination was
          inadequately documented; the agency held improper discussions with the awardee to
          obtain additional past performance information; the agency used dissimilar rating
          systems in evaluating the offerors' past performance; and the agency accepted a late
                                                                            (continued...)

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