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B-310708,B-310708.2 1 (2008-01-29)

handle is hein.gao/gaobadaiy0001 and id is 1 raw text is: 




          G    A     0                                                  Comptroller General
       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability Office      DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                   The decision issued on the date below was subject to a
                                                       GAO Protective Order. This redacted version has been
                                                       approved for public release.

          Decision

          Matter  of:  T. F. Boyle Transportation, Inc.

          File:        B-310708; B-310708.2

          Date:        January 29, 2008

          Jonathan T. Cain, Esq., and Helen Guyton, Esq., Mintz Levin, for the protester.
          H. Jack Shearer, Esq., Young H. Cho, Esq., and Renee Holland, Esq., Department of
          Energy; and John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business
          Administration, for the agencies.
          Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Provision in solicitation that required offeror to demonstrate its capability of
          passing a Department of Energy Office of Transportation Motor Carrier Evaluation
          Program audit did not constitute a definitive responsibility criterion because it does
          not contain specific and objective standards.

          2. Protest challenging affirmative responsibility determination is denied where the
          protester's allegations do not establish that the contracting officer failed to consider
          available relevant information.
          DECISION

          T. F. Boyle Transportation, Inc. protests the award of a contract to Visionary
          Solutions, LLC under request for proposals (RFP) No. DE-RP30-06EW20001, issued
          by the United States Department of Energy (DOE), for transportation of transuranic
          (TRU) waste.  Boyle contends that Visionary was improperly determined to be a
          responsible contractor.

          We  deny the protest.

          The DOE  operates a Waste Isolation Pilot Plant (WIPP) near Carlsbad, New
          Mexico, which is an underground repository for radioactive waste generated from
          the research and production of nuclear weapons at DOE sites. The RFP, issued
          January 6, 2006, sought proposals to provide the facilities, personnel, equipment, and
          services to transport TRU waste from various DOE sites to the WIPP across
          designated highway routes. It contemplated the award of two indefinite-delivery

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