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B-190091 1 (1978-02-14)

handle is hein.gao/gaobadftw0001 and id is 1 raw text is: o c ,P. Heitzrs, j9)1Z THE L'MM'TWol.F.ER GENERAL Tra*sp. DECISION OF THE UNIIr2D STATED 'WASHINGTON. D. C. 20549 FILE: B-o9091 DATE: February 14, 1978 MATTER OF: Person/Allsates Transcontinental Van Lines/ Mational Van Lines DIGEST: 1. Where REf provision incorporates by reference Department of Defense rogulation provision whih requires offeror to have ICC operating authority in its owanvme, a failure to have that operating authority makes offeror laeligible rr award. 2. Negotiated contract may not be awarded to party who did not submit a timely proposal absent an assignment. inrident to transfer of entre portion of buwY ess. Request for Proposals (RFP) No. F23608-77-R-004 was issued by the Department of the Air rorce, Richardn-Gebaur Air Force Base, Missouri, for the procurement of dryage .aid mo.ement of office furniture, equipment and suppliek from Richards-Gehaur to Scott Air Force kase, Illinois. Timothy Person/Alistates Trans- continental VP Lines (T. Person/Al1states) was the low offeror. Howevar, prior to the award of the contract to T. Person/Al1states, three protests were received by the contracting officer which alleged that T. Person/Allstates did rot hold an operating authority (license) from the Interstate Commerce Commission (ICC) in its own nam and was not an eligible contractor. The ICC Bureau of Opera- tions, St. Louis, Missouri, advised the contracting officer that T. Person/Al1states did not possess ICC operating authority in its own name. In the course of negotiatior3, T. Person/Allstates proposed that Nat'onal Van Lines (National) be substituted as the contractor and National indicated its willingness to accept the responsibility for the contract under an agEancy agreement with T. kerson/Allstates. Further, the protester requested that the contracting officer con- sider two ilternatives which would permit it to receive the con- tract award: (1) have National sign the contract, expressly rati- fying the proposal and assuming common carrier responsibility for the move, or (2) seek an emargency temporary operating authority for T. Person/A11.ctates. J1

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