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B-291185 1 (2002-11-08)

handle is hein.gao/gaocrptaoij0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: ABF Freight System, Inc.; Old Dominion Freight Line, Inc.; Overnite Transportation Co.; Roadway Express, Inc.; and Yellow Freight System, Inc. File: B-291185 Date: November 8, 2002 John R. Bagileo, Esq., for the protester. Major Art J. Coulter, and Ramon Morales, Esq., Department of the Army, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Under a solicitation that provides for the award of multiple indefinite-delivery, indefinite-quantity contracts for freight transportation services, protest that the minimum order quantity is inadequate is denied, where the guaranteed minimum amount is sufficient to support a binding contract and reflects the minimum amount the agency is fairly certain to order from each contractor. 2. Protest that solicitation for an acquisition, conducted under the commercial item provisions of Federal Acquisition Regulation (FAR) Part 12, violates FAR § 47.207-6(b) because the solicitation specifies unit pricing that offerors must use for accessorial services is denied, because the agency is not required to apply the requirements in FAR § 47.207-6(b) in a commercial item acquisition. 3. Protest objecting to solicitation requiring that certain accessorial services be provided at no additional charge and that the costs for these services be factored into offerors' line-haul rates is denied where the protesters did not show that the solicitation's allocation of cost risk to the contractors was unreasonable. DECISION ABF Freight System, Inc.; Old Dominion Freight Line, Inc.; Overnite Transportation Co.; Roadway Express, Inc.; and Yellow Freight System, Inc. protest the terms of request for proposals (RFP) No. DAMT01-02-R-0060, issued by the Military Traffic Management Command (MTMC), Department of the Army, for the shipment of

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