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B-280538 1 (1998-10-15)

handle is hein.gao/gaocrptahwb0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Continental Transport & Moving, Inc. File: B-280538 Date: October 15, 1998 Michael Nolan for the protester. Dennis J. Gallagher, Esq., Department of State, for the agency. Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging nonresponsibility determination is denied where record provides reasonable basis for contracting officer's conclusion that protester's performance record was unsatisfactory based on seriously deficient recent past performance. DECISION Continental Transport & Moving, Inc. protests the issuance of purchase order No. S-KZ100-98-M-0376 to Interdean International Movers by the Department of State for packing and shipping goods belonging to a foreign service officer who was being transferred. Continental, which submitted a lower quotation than Interdean, principally objects to the agency's determination that it is nonresponsible. We deny the protest. On June 15, 1998, the agency requested Interdean and Continental to provide packing-out estimates for the effects of a foreign service officer who was being transferred from Kazakstan to Cyprus. Although Continental quoted a lower price, the General Services Officer (GSO) in charge at the time advised the Embassy Customs and Shipping Assistant that Continental was not a responsible offeror because it had recently undergone a change in management, fired its chief local employee and had not paid its employees in several months. As a result, the assistant telephonically informed Interdean that it would receive the purchase order. Upon her return to the embassy in Almaty, the present GSO (and contracting officer) issued the protested purchase order to Interdean on June 29, essentially ratifying the earlier nonresponsibility determination. This protest was filed on July 7 after Continental learned that it had not received the purchase order. Subsequently, the contracting officer obtained written confirmation of Continental's recent financial and performance problems in Almaty.

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