About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-409465,B-409465.2 1 (2014-05-12)

handle is hein.gao/gaobadqhq0001 and id is 1 raw text is: 




        G     A    O                                                  Comptroller General
      Accountabilty * 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
         Decision                                 [e         for pic release.



         Matter of: Inchcape Shipping Services (Dubai) LLC

         File:     B-409465; B-409465.2

         Date:       May 12, 2014

         Craig A. Holman, Esq., and Lauren J. Schlanger, Esq., Arnold & Porter LLP,
         for the protester.
         Walter A.l. Wilson, Esq., Claude P. Goddard, Jr., Esq., Daniel J. Donohue, Esq.,
         Steven J. Weber, Esq., and Grace 0. Aduroja, Esq., Polsinelli PC, for
         MLS-Multinational Logistic Services, Ltd., the intervenor.
         Michael D. Rossiter, Esq., Jacqueline McCain, Esq., and Lisa Simon, Esq.,
         Department of the Navy, Naval Supply Systems Command, for the agency.
         Matthew T. Crosby, Esq., and Sharon L. Larkin, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest is denied where even if awardee's notice to agency that while one key
         personnel went on leave another would perform his duties constituted unequal
         discussions, protester was not prejudiced because notice did not affect price or
         relative standing of offerors.

         2. Protest alleging awardee is inverted domestic corporation and therefore award
         violated restriction in Federal Acquisition Regulation § 9.108-2 against award to
         such corporations is denied where contracting officer knew agency previously
         investigated matter in response to prior allegations by protester and determined
         awardee not to be inverted domestic corporation.
         DECISION

         Inchcape Shipping Services (Dubai) LLC, of Dubai, United Arab Emirates, protests
         the award of a contract to MLS-Multinational Logistic Services Ltd., of Sliema,
         Malta, by the Department of the Navy, Naval Supply Systems Command, under
         request for proposals (RFP) No. N68171-13-R-0004 for maritime husbanding
         support. Inchcape asserts that the award is improper because MLS made a key
         personnel change following the close of discussions. Inchcape also asserts that the
         award violates the prohibition against contracting with inverted domestic
         corporations.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most