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B-270478 1 (1996-03-08)

handle is hein.gao/gaocrptadyx0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Tours, Lodging & Conferences, Inc. File: B-270478 Date: March 8, 1996 Philip E. Johnson for the protester. J. William Bennett, Esq., for CMS, Inc./Staten Island Hotel, an intervenor. Nicholas P. Retson, Esq., and Philip T. McCaffrey, Esq., Department of the Army, for the agency. Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contention that award was improper because the awardee had been terminated as a corporation under state law for failing to file an annual report is denied where the awardee was reinstated prior to award of the contract and was never in a position to elect to avoid the contract award. DECISION Tours, Lodging & Conferences, Inc. (TLC) protests the award of a contract to the joint venture, Command Management Services, Inc. d/b/a Convention Marketing Services, Inc. (CMS)/ Staten Island Hotel, under invitation for bids (IFB) No. DAKF- 29-95-B-0041, issued by the Department of the Army for meals, lodging and transportation services in support of the Military Entrance Processing Center in New York, New York. TLC contends that the awardee's bid was nonresponsive because CMS, one of the joint venture partners, lacked corporate existence at the time of bid opening. We deny the protest. The IFB, issued September 7, 1995, contained the certification found at Federal Acquisition Regulation § 4.102, entitled Contractor's Signature, under which CMS/Staten Island certified that it was a joint venture consisting of two corporate entities. Bids were opened September 19. After the low bid was determined to be nonresponsive, award was made to CMS/Staten Island, the second-low bidder, on October 10. TLC protested to the agency on October 20, alleging that at the time of bid opening one of the joint venture partners, CMS, had involuntarily had its corporate status dissolved by the state of Oregon for failure to timely file its annual report. 15338

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