About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-277241.8 1 (1997-10-21)

handle is hein.gao/gaocrptagbj0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Aalco Forwarding, Inc., et al. File: B-277241.8; B-277241.9 Date: October 21, 1997 Alan F. Wohlstetter, Esq., and Stanley I. Goldman, Esq., Denning & Wohlstetter; James M. McHale, Esq., Seyfarth, Shaw, Fairweather & Geraldson; Thomas M. Auchincloss, Jr., Esq., Leo C. Franey, Esq., and Brian L. Troiano, Esq., Rea, Cross & Auchincloss; Richard L. DeWitt, Approved Forwarders Inc.; and Arthur R. Heath, A&P Shipping Corp., for the protesters. G. Jerry Shaw, Esq., and Susan E. Shaw, Esq., Shaw, Bransford & O'Rourke, for HFS Mobility Services; Brad Effenberger for FAReaching Services; L. Clyde Groover, Jr., for Associates Relocation Management Co., Inc., intervenors. Thomas J. Duffy, Esq., Maj. Jonathan C. Guden, and Ramon Morales, Esq., Department of the Army, for the agency. Adam Vodraska, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency properly determined, based on market research, that household goods moving services for military personnel could be acquired under Federal Acquisition Regulation part 12 commercial item procedures, notwithstanding the inclusion of government-unique requirements in the solicitation that are not present in commercial contracts for moving services. 2. Agency properly issued waiver in accordance with Federal Acquisition Regulation § 12.302(c) for commercial item solicitation requirements that may be inconsistent with customary commercial practice where agency followed its procedures and reasonably found that the requirements subject to the waiver were legitimate agency needs. 3. There is no basis to presume that relocation brokers who may be awarded contracts for household goods moving services for military personnel will violate the Anti-Kickback Act of 1986, 41 U.S.C. §§ 51-58, when subcontracting for moving services; violations must be determined under the particular facts and circumstances presented by each transaction and whether payments have been made to the broker by subcontractors for an improper purpose.

What Is HeinOnline?

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.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most