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B-294645.2 1 (2005-01-13)

handle is hein.gao/gaocrptaqss0001 and id is 1 raw text is: 




         G     A     0                                                Comptroller General
             SIntegrity Reliability                                    of the United States
 ~ccountabthty Inert Rea iy
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Military Waste Management, Inc.

          File:       B-294645.2

          Date:       January 13, 2005

          A. Gene Watts for the protester.
          Linwood I. Rogers, Esq., Defense Logistics Agency, for the agency.
          Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest that solicitation's weight-based payment terms for solid waste disposal
          services are unduly restrictive is denied where record supports reasonableness of
          agency's determination that terms are necessary to meet agency's needs.
          DECISION

          Military Waste Management, Inc. (MWM) protests the terms of request for quotations
          (RFQ) No. SP0410-04-Q-0071, issued by the Defense Logistics Agency (DLA) for
          solid waste collection and disposal services at a DLA installation in Chesterfield
          County, Virginia.' The protester, the incumbent contractor, contends that the RFQ's
          weight-based rate structure is unduly restrictive of competition, on the basis that
          varying monthly payments will be difficult for a small business like MWM to budget
          for, and will provide a competitive advantage to large and local businesses with
          revenue from other contracts, since such firms allegedly will be more able to budget
          for business expenses during months of low refuse weights and agency payments by
          spreading performance costs among their other customer accounts.

          We deny the protest.



          1 The installation houses a DLA inventory control point for aviation, the Defense
          Supply Center Richmond, and a DLA depot, as well as other tenant activities such as
          the Virginia Army National Guard. The installation also includes a child care center,
          an officers' club, a fitness center, and military housing.

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