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B-403799,B-403799.3 1 (2010-12-15)

handle is hein.gao/gaobadbqf0001 and id is 1 raw text is: JiL AL G A O Comptroller General Acc untabiity * 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 version has been approved for public release. D e c is io n ........................................................... Matter of: Bering Straits Logistics Services, LLC File: B-403799; B-403799.3 Date: December 15, 2010 William K. Walker, Esq., Walker Reausaw, for the protester. Johnathan M. Bailey, Esq., Bailey & Bailey, PC, for the intervenor. Timothy A. Raezer, Esq., and Gregory Zagorin, Esq., Defense Logistics Agency, for the agency. Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that awardee's low price was based on labor rates below those required under the Service Contract Act (SCA) and applicable collective bargaining agreement (CBA) is denied where a fixed-price contract was awarded and awardee did not take exception to applicable SCA or CBA requirements. 2. Protest that awardee's proposal will violate the Service Contract Act is a matter for consideration by the Department of Labor, not GAO. 3. Protest that awardee's proposed personnel do not meet the experience requirements of the solicitation is denied where the record demonstrates that the agency's evaluation was reasonable. DECISION Bering Straits Logistics Services, LLC (BSLS), of Anchorage, Alaska, protests the award of a contract to Defense Contracting Services, Inc. (DCSI), of Leander, Texas, by the Defense Logistics Agency (DLA) under request for proposals (RFP) No. SPO600-10-R-0506, for fuels management services at Tyndall Air Force Base, Florida. We deny the protest. DLA issued the RFP on January 25, 2010, to acquire fuel-related services including receipt, storage, and distribution of various fuel products and liquid oxygen. The RFP provided that proposals would be evaluated on the basis of technical capability,

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