HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadoim0001 and id is 1 raw text is:
i
G A O Comptroller General
7A Accountabity * Integrity * Reliability of the United States
U n ited S tates G o v ern m en t A cco u n tab ility O ffice ---------------------------------------------------------------------------------------------------------------------
Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a
GAO Protective Order. This redacted version has been
Decision approved for public release.
Matter of: Supreme Foodservice GmbH
File: B-405400.1; B-405400.2
Date: October 31, 2011
Thomas P. Humphrey, Esq., Puja Satiani, Esq., Jonathan M. Baker, Esq., James G.
Peyster, Esq., and Sarah B. Gleich, Esq., Crowell & Moring LLP, for the protester.
Jeremiah Kline, Esq., and Michael D. Delaney, Esq., Defense Logistics Agency,
for the agency.
Matthew T. Crosby, Esq., Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office
of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that estimates in solicitation based on current troop levels do not
accurately reflect agency's needs due to presidential announcement of troop
withdrawals is denied where agency determines that due to absence of official
notification and guidance regarding announced troop withdrawal and possibility that
troops may be replaced with individuals to be serviced under contemplated contract,
agency's basis for solicitation estimates is reasonable.
2. Protest that solicitation calling for fixed prices for delivery of products to be
ordered on indefinite-delivery/indefinite-quantity basis to locations in war zone
subjects contractor to undue risk is denied where record reflects that solicitation
includes adequate information for offerors to factor risk into pricing, [DELETED]
proposals have been submitted, protester represents that it understands risk and has
submitted proposal responding to solicitation, and agency has articulated reasonable
bases for shifting risk to contractor.
3. Protest that agency unreasonably failed to provide for price realism evaluation in
solicitation is denied where solicitation contemplates award of fixed-price contract
and assessment of performance risk in connection with technical evaluation.
4. Protest that agency unreasonably failed to include definitive responsibility
criterion for financial capability in solicitation is denied where record reflects that
agency intends to make pre-award responsibility determination based on
information both independently obtained by agency and submitted by offerors.](ViewImageLocal?handle=hein.gao/gaobadoim0001&div=1&collection=&method=preview&ext=.png&size=3)