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B-189725 1 (1978-01-17)

handle is hein.gao/gaobadfoe0001 and id is 1 raw text is: THE COMPTROL.LER GENERAL DECISION O THE UNYeO UTATES WASHINGTON. D.C. 2054B P__ FILE: B-189725 DATE: January 17, 1978 MAATTER OF: Macmillan Oil Company DIGEST: 1. Protester contends that agency acted arbitrarily and I A unreasonably in considering successful offeror's unaudited financial statement prepared 9 months earlier to determine offeror's Zinancial quali- fications. Where solicitation does not require submission of audited financial statement that was prepared within shorter time period, agency's action is not arbitrary or unreasonable, 2. Contentions--that agency ignored successful offeror's (1) past record of late rental payments under 'another agency concession cbntract in determining financial capability, (2) known violations of safety require- ments, public dissatisfaction, and late rental pay- ments--relate to agency's affirmative determination of responsibility. Agency's position does not provide basis to conclude that agency official's conduct even remotely constituted fraud or bad faith. Accordingly, protest will not be consid- ered on merits and responsibility determination will not be disturbed. 3. Protester arques that successful offeror was given unfair advantage because three of six evaluators were familiar with offeror's operation at another marina and during evaluation, one evaluator told others that offeror's operation,-while not without problems, was good. Argument is without merit because such comment added no information to that which was in successful offeror's proposal or obvious in circumstances. Macmillan Oil Company (Macmillan)-protests the award of a lease for the Sayorville Marina concession to Mr. under invitation for proposals No. DACW22-9-77-2066 issued by the Rock Island District, Corps of Engineers, Depart- ment of the Army. - 1- I I

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