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B-400224.2 1 (2008-08-25)

handle is hein.gao/gaocrptawbr0001 and id is 1 raw text is: 




           G    A    O                                                 Comptroller General
=    =  Accountability * Integrity * Reliability                       of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of: Hendry Corporation

           File:       B-400224.2

           Date:       August 25, 2008

           Kent P. Smith, Esq., Smith Currie & Hancock LLP, for the protester.
           Bruce C. Smith, Esq., Robert C. Threlkeld, Esq., and James M. Johnson, Esq., Morris,
           Manning & Martin, LLP, for RiverHawk Marine, LLC, the intervenor.
           Wilbert Jones, Esq., U.S. Coast Guard, for the agency.
           Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest challenging contracting officer's affirmative determination of responsibility
           regarding the awardee is dismissed where the assertion on which the protest is
           based-failure to consider allegedly poor business performance by principal
           members of the awardee during their association with a previous firm-does not
           constitute the type of information that, by its nature, would be expected to have a
           strong bearing on whether the awardee should be found responsible, as required
           under Government Accountability Office (GAO) Bid Protest Regulations for GAO
           review of such a protest.
           DECISION

           Hendry Corporation protests the award of a contract to RiverHawk Marine, LLC by
           the Department of Homeland Security (DHS), U.S. Coast Guard under request for
           quotations No. HSCG80-08-Q-3FAD73 for dry-dock repairs to a Coast Guard cutter.
           Hendry challenges the agency's determination that RiverHawk is a responsible firm
           on two grounds. Hendry alleges that three founding members of RiverHawk do not
           have a satisfactory record of performance, integrity, and business ethics, Protest at
           3, because, during their course of employment at a previous firm, they took action
           that resulted in the bankruptcy of that company and default on two Coast Guard

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