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B-280603.4 1 (1999-05-20)

handle is hein.gao/gaocrptajer0001 and id is 1 raw text is: 


Comptroller General
of the United States

Washington, D.C. 20548
Decision                                     DOCUMENT FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to a
                                           GAO Protective Order. This redacted version has been
                                           approved for public release.




Matter of: Container Products Corporation

File:        B-280603.4

Date:        May 20, 1999


Joel Hughes for the protester.
Linda L. Shapiro, Esq., Steven E. Kellogg, Esq., Thompson Coburn, for Keco
Industries, Inc., and James H. Roberts III, Esq., Manatt, Phelps & Phillips, for Gichner
Shelter Systems, intervenors.
Samuel J. Galbo, Esq., and J. Page Turney, Esq., U.S. Marine Corps, for the agency.
C. Douglas McArthur, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Exclusion of the protester's proposal from the competitive range was reasonable
where offeror failed to provide any schedule for first article and production testing, or
to discuss its capabilities for conducting such tests, as required by the solicitation,
but merely repeated solicitation requirements and stated that it would comply with
them, resulting in a rating of Unacceptable for testing.
DECISION

Container Products Corporation (CPC) protests the elimination of its proposal from
the competitive range under request for proposals (RFP) No. M67854-98-R-3005,
issued by the United States Marine Corps for cargo containers. The protester argues
that the evaluation of its proposal was unreasonable.

We deny the protest.

On June 10, 1998, the agency issued the RFP for production and delivery of quadruple
containers (QUADCONS), container racks, and horizontal connectors; the
QUADCONS at issue here are an intermediate-size cargo container designed for
shipment and transportation of military supplies and equipment. See Container
Prods. Corp., B-280603.2, Nov. 4, 1998, 98-2 CPD T 106 at 1. Section F-1 of the RFP
advised offerors of the agency's intention to issue delivery orders for contract line
item numbers (CLIN) 0001-0003, for first articles, at award. Section F-2 provided for

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