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![handle is hein.gao/gaocrptafxv0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Service Deli, Inc.
File: B-276251
Date: March 14, 1997
David P. Metzger, Esq., and Timothy J. Bloomfield, Esq., Holland & Knight, for the
protester.
Richard D. Lieberman, Esq., Sullivan & Worcester LLP, for Tony's Fine Foods, an
interveno r.
Janet D. Kaminski, Esq., and Rexford T. Bragaw III, Esq., Defense Commissary
Agency, for the agency.
Andrew T. Pogany, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Determination by contracting officer that offeror, should it be in line for award,
would be nonresponsible for lack of integrity because of criminal conviction in
connection with obtaining, attempting to obtain, or performing a public contract is
reasonable and therefore offeror is not an interested party to protest evaluation of
proposals since it would not receive award in any event.
DECISION
Service Deli, Inc. protests the award of a contract to Tony's Fine Foods under
request for proposals (RFP) No. DECA02-96-R-0017, issued by the Defense
Commissary Agency for personnel, supervision, food products and supplies required
to operate commissary deli/bakeries in three Southwest Region clusters. Service
Deli, whose proposal was ranked fourth of five after final evaluation, contends that
the agency misevaluated Tony's and its own technical, past performance and price
proposals and that its proposal should have been evaluated and ranked as most
advantageous and as superior from a technical, experience, and price standpoint to
the proposal of the successful offeror.
We dismiss the protest.
The contract was awarded to Tony's on February 6, 1997. The agency has
requested that our Office dismiss the protest because [o]n January 29, 1997
[approximately one week before the award] the United States District Court of the
Southern District of California convicted the [protester corporation] of violating
18 U.S.C. § 1001 by making a false statement to the Defense Commissary Agency.
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