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B-177745 1 (1973-07-13)

handle is hein.gao/gaobaaczb0001 and id is 1 raw text is: 
              174

 '-    . *                                                         .
        * I~tN%2'4>COMPTROLLER GENERAL Or THE UNITED 3T4.TES
              . ./WASHINGTOPU. D.C. 20$4010


           *3-177745                              July 13, 197Z



           Znternational Container Service, Inc.
           P.O. Box F
           lellevue, Wahington 98009

                Attention: Mr. 1. 3. Glyna
                            Snraxy7-Treuurer

           Gntlein;

                Referenceanto=do to your letter of March 210 1973, end prior
           correspondcacat protestiag against thi award of a contract to $DC
           Cold Storage, a division of annest Captaal Co., Inc. (herainaftar
           S1) under requat for pIroposals (T!) DSA 137e73-R-0196, issued
           bU the Dfese Personnel Support CGnter (DfC), Aaeda, California.
                Your protest essentially eoncerns the question of whether you
-          vere a rezponsible prospective contractor and the manner in which it
           was determined that you wore not. You generally deny defieiencies
           thich were cited In an utfavorabl preaward curve, and upon which the
           contracting officer beaad his dstermlation of ,. aresponsibllity.
           Further, you state that the tiueustion ut .rour responsibility should
           have ben referrad to the Small  Usiness Admnitracion (SA) for
           possible iUeCoce of a ernificate of competency (COC). In this
           rcrd, you dispute the contracting officer's view that deficiencies
           onceraing saoety and atnation are not included in the dofftlr-
           ton of capacity. You.furthtr contend t.at the exacutan of a
           .certificate of urgency on December 27, 1974', wes without my basifse
           s nce the curraut contract did not expire until January 31, 1973,
           end it could have been extanded to allouv sufficient time for reforrol
           to SM and for correction of any deficlencles. You also point out
           that whatever urgency existed was due to tha Guvernat'e unilateral
           action In extending the closing date for renelpt of proposals from
           Octobeir 25, 172, to tovember 29, 1972.

                The RIP was Issued September 15, 1971, for one year's refrigeratad
           mrehouse service.awnvolviuq the receipt, storage usembly, and di-
           tribution of perishble and nonperishable food ln and fro the Seattlo,
        * Vashingtonarea, ncluding export traaciportation. Three proposals
           wre received end after vauation it was determined that the 0C5
           proposal was lovest In price, aid the SDQ p=opoeeL was seamd Lomt.


                                            .  .            PUBLISVIED DECISION
                                                            63 Comp. Gem.........
                     *                                    9,o

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