1998 Digest

Solicitation No. 632-296-98; 632-311-98

Protest of determinations of offeror's lack of capability for award of two highway mail transportation contracts is denied. Record of offeror's past poor performance supported determination, notwithstanding offeror's claims to the contrary.

Solicitation No. 980-122-98

Protest of determination of partnership's lack of capability is denied; concerns about its capability arising out of failure to allocate wages for hired drivers and from the termination for default of other contracts involving the partnership's principal partner was not arbitrary or capricious. Assumptions about possible consequences of ongoing Department of Labor inquiry into possible wage violations did not, however, support the determination

Solicitation No. 072368-98-A-0197

Protest of award of a contract for fraud analyst services is denied. Award to lower-priced, but lesser-qualified offeror who met solicitation’s mandatory requirements was proper; delay in award, award on the basis of original offer after initial award was cancelled despite statement of intent to resolicit, and failure to notify other offerors of award do not invalidate award.

Solicitation No. 072368-98-A-0197

Protest of award of a contract for fraud analyst services is denied. Award to lower-priced, but lesser-qualified offeror who met solicitation’s mandatory requirements was proper; delay in award, award on the basis of original offer after initial award was cancelled despite statement of intent to resolicit, and failure to notify other offerors of award do not invalidate award.

Solicitation ASYS-99-R-01

Protest of award of air transportation contracts is sustained in part. Initial protest to contracting officer was timely, but issues raised subsequent to initial protest were not. Award of more than one indefinite delivery contract to commonly controlled entities was improper because, under scheme of contracts, doing so prejudiced the Postal Service and other offerors.

Solicitation 948-54-98

Protests of three offerors on solicitation for highway mail transportation service are sustained. Determinations that offerors were not capable based on their failure to supply specific information were erroneous because solicitation did not require that the omitted information be provided. Matter is remanded for a new determination of capability.

Solicitation for Construction and Lease
Pawcatuck Branch, Stonington CT

Protest of selection of leased post office site is denied. Postal Service’s solicitation of municipal opinion through First Selectman was appropriate; successful offeror’s representations in process of getting local approvals were not incorrect; protester was given opportunity to negotiate the terms of his offer; and dispute about suitability of contesting sites is not for our review.

Solicitation No. 102590-98-A-0140

Protest against award of optical character reader contract is denied. Contentions about awardee’s principal are unsupported; terms of protester’s licenses of software to Postal Service do not provide basis to challenge award; determination of awardee’s capability is not for review; and fact that awardee was not incorporated when offer was submitted does not preclude award.

Solicitation No. 102590-98-A-0047

Protest involving testing and evaluation of flats sorting machines is dismissed in part and denied in part. Protester’s assertions concerning test of successful offeror’s machine are not established, issues arising in the course of protester’s test under testing contract are not for resolution in protest process, and contracting officer acted within her discretion in declining to consider performance of protester’s machine outside test parameters.

Solicitation No. 980-114-98

Protest of cancellation of solicitation for box delivery highway mail transportation contract is denied. Contracting officer acted within his discretion in determining that low offer with rate per mile 47% higher than average of comparable routes was excessive in price.

Solicitation No. 363199-98-N-0943

Protest of contracting officer’s failure to consider faxed quotation is denied. Possibility that missing quote was mishandled after receipt does not require relief.

Solicitation 150-68-1998

Protest against determination of mail transportation contractor’s non-responsibility is denied. Cited instances of contractor’s irregularities on other routes provided a reasonable basis for the determination to deny protester the contract award.

HCR 53016

Protest against failure to have existing highway mail transportation con-tract renewed is dismissed for lack of jurisdiction.

Solicitation No. 020315-98-A-0010

Protest of evaluation of offer for contract station is denied. Offer could be downrated for failing to offer storefront space and for problems of accessibility, and any overstatement of the extent of those deductions did not affect the conclusions of the evaluation.

Solicitation No. .980-12-98

Protest against determination of nonresponsibility is denied. Contractor’s record of unsatisfactory performance in the course of previous contract which was terminated for Postal Service’s convenience warrants contracting officer’s inquiry into bidder’s plan to improve situation, and his conclusion that that plan was not satisfactory was neither arbitrary nor capricious..

Request for Prequalification.

Protest of failure to be included on list of prequalified suppliers for CPAS service is dismissed in part and denied in part. Objections to the terms of the prequalification statement are untimely raised; review of the evaluation of the protester’s prequalification submission does not disclose any basis on which the evaluation may be overturned.

Solicitation No. 980-190-97.

Protest against determination of mail transportation contractor’s non-responsibility is denied. Corporation’s failure to provide evidence of its financial assets support determination; assets of corporation’s share-holders may not be substituted.

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