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B-270144 1 (1996-01-31)

handle is hein.gao/gaocrptadwv0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Mexican Intermodal Equipment, S.A. de C.V. File: B-270144 Date: January 31, 1996 Daniel J. Katz, Esq., Edward H. Kim, Esq., and Kathy S. Ghiladi, Esq., Daniel J. Katz & Associates, for the protester. Alan W. Mendelsohn, Esq., and Owen C. Wilson, Esq., Department of the Navy, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting officer reasonably determined that protester was not a responsible prospective contractor based upon reasonably based negative pre-award survey findings with regard to protester's production, technical, and transportation capabilities. DECISION Mexican Intermodal Equipment, S.A. de C.V. (MIE) protests the rejection of its offer under request for proposals (RFP) No. N62387-95-R-3094, issued by the Department of the Navy, Military Sealift Command for freight containers. The protester argues that the contracting officer unreasonably determined it to be nonresponsible. We deny the protest. BACKGROUND The RFP, which was issued on September 14, 1995, sought offers for the manufacture and delivery of 500 end opening 20-foot dry cargo freight containers, with award to be made to the lowest-priced, technically acceptable, responsible offeror. Seven proposals were received by the September 22 closing date. The agency conducted discussions with all offerors whose proposals were in the competitive range and solicited best and final offers (BAFO). MIE's BAFO was the lowest-priced, technically acceptable offer. The contracting officer determined that MIE was not a responsible prospective contractor, however, and on September 29, the agency awarded a contract to another offeror, MTI, Inc. On October 3, the contracting officer notified MIE that it had been determined nonresponsible based on its poor performance under two prior Marine Corps 902126

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