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B-276846.2 1 (1998-02-23)

handle is hein.gao/gaocrptahlw0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Kongdan Kumnan Restaurant/Good Food Service File: B-276846.2 Date: February 23, 1998 John E. Gagliano, Esq., Cohen, Gettings, Dunham & Davis, P.C., for the protester. Col. Nicholas P. Retson, Maj. Jonathan C. Guden, and Maj. Nathanael Causey, Department of the Army, for the agency. Sylvia Schatz, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected protester's proposal for failure to establish local (Korean) source status as required by solicitation, where claimed local status was based on United States firm's consulting agreement with local Korean company, and agency reasonably determined that agreement showed U.S. firm, not Korean company, would have control and principal responsibility for performance of the contract. DECISION Kongdan Kumnan Restaurant/Good Food Service (KKR/GFS) protests the rejection of its proposal, under the Department of the Army request for proposals (RFP) No. DAJB03-96-R-0098, for food service operations at Army dining facilities in the Republic of Korea (ROK). We deny the protest. The RFP contemplated the award of a fixed-price contract to the lowest-priced, technically acceptable offeror for a base year, with four 1-year options. Section L of the RFP, relating to the local source requirement, provided: All sources may submit a proposal, however, the ROK-US SOFA prohibits the U.S. from granting invited Contractor status if a fair and reasonable, technically acceptable offer is received from a responsible local source. Should this occur, the Government would then consider for award only those offerors that have shown authorization and capability to compete and perform as a local source. Any U. S. Contractor with capacity to qualify as a local source must submit such documentation in the initial proposal. If a U.S. contractor provides such documentation in the initial proposal, it may submit a price proposal as an invited contractor and as a local contractor.

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