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B-292705 1 (2003-11-13)

handle is hein.gao/gaobacymd0001 and id is 1 raw text is: 


  I

         G    A    0Comptroller General
 .. . .Accountability * Integrity * Reliability                    of the United States
United States General Accounting Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: The ARK  Enterprises, Inc.

         File:       B-292705

         Date:       November  13, 2003

         Mimi Snyder for the protester.
         Tammy  L. Walker for Natural Sorb Corporation, an intervenor.
         Niketa L. Wharton, Esq., Defense Logistics Agency, for the agency.
         Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging evaluation of proposals is denied where record shows that
         agency evaluated proposals in accordance with the solicitation criteria, and that its
         conclusions were reasonable.
         DECISION

         The ARK  Enterprises, Inc. protests the award of a contract to Natural Sorb
         Corporation under request for proposals (RFP) No. SP0450-02-R-0850, issued by the
         Defense Logistics Agency (DLA), Defense Supply Center Richmond (DSCR), for
         various peat moss absorbent products. ARK argues that the agency improperly
         evaluated the proposals and improperly made award on the basis of low price.

         We  deny the protest.

         The solicitation, issued on September 5, 2002, as a HUBZone small business
         set-aside, contemplated the award of a fixed-price, indefinite-quantity contract for a
         base year with four 1-year options. The RFP provided for award, without
         discussions, to the offeror whose proposal, conforming to the solicitation,
         represented the best value to the agency based on price and past performance.
         The past performance factor included two subfactors: (1) DLA's Automated Best
         Value System (ABVS), which assigns a numeric score based upon the company's
         performance history, and (2) DLA's Mentoring Business Agreements (MeBA).
         Additionally, the solicitation provided that offers could include information on past
         and current Federal (non-DSCR), State and local government and private sector
         contracts performed by the offeror at the proposed performance location within the