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

B-280603.2 1 (1998-11-04)

handle is hein.gao/gaocrptahwg0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Container Products Corporation File: B-280603.2 Date: November 4, 1998 Joel Hughes for the protester. Timothy F. Noelker, Esq., Linda L. Shapiro, Esq., and Steven E. Kellogg, Esq., Thompson Coburn, for Keco Industries, Inc.; David R. Wall for Charleston Marine Containers Inc.; James R. Bomberger for AAR Cadillac Manufacturing; and Richard A. Lidinsky Jr., Esq., for Sea Containers America Inc., intervenors. Samuel J. Galbo, Jr., Esq., J. Page Turney, Esq., and Maj. Jeffery P. Colwell, U.S. Marine Corps, for the agency. John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against solicitation requirement that cargo containers be certified prior to the submission of proposals is sustained where record does not establish that requirement is necessary to meet the agency's needs. DECISION Container Products Corporation protests the terms of request for proposals (RFP) No. M67854-98-R-3005, issued by the U.S. Marine Corps for cargo containers. Container Products argues that the RFP is unduly restrictive of competition because it requires that prospective offerors obtain certification of their containers prior to submitting pro po sals. We sustain the protest. BACKGROUND The RFP was issued to acquire quadruple containers (QUADCONs), container racks, and horizontal connectors to meet Marine Corps and Army requirements. QUADCONs are intermediate size cargo containers designed to allow shipment and ground transportation of military supplies and equipment. Agency Report at 2. The contractor is to fabricate, produce, and field cargo containers meeting standards set forth in 49 C.F.R. §§ 450-453 (1996). RFP Attachment 4 (statement of work (SOW)) at 1. The SOW and the RFP purchase description, as well as 49 C.F.R. §§ 450.5 and 453.1, also require the QUADCONs to be certified to meet the requirements of the International Convention for Safe Containers (CSC). RFP Attachment 1 (Purchase

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