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B-283393 1 (1999-11-08)

handle is hein.gao/gaocrptajmd0001 and id is 1 raw text is: 

   h
                   -e GeAtOa
 E                                                             Comptroller General
                                                                of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: Charleston Marine Containers, hie.

         File:      B-283393

         Date:      November 8, 1999


         David R. Wall for the protester.
         Capt. Richard P. Donoghue, Department of the Army, for the agency.
         Jennifer D. Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Buy American Act price differential should not be applied in evaluating proposal
         offering containers manufactured in Turkey because the Department of Defense has
         waived application of the Act to the acquisition of defense equipment manufactured
         in certain qualifying countries, one of which is Turkey.

         2. Bases of protest which fail to allege improper conduct by the agency are
         dismissed. General Accounting Office will not conduct investigations for the
         purpose of establishing whether a protester may have a valid basis for protest.

         3. General Accounting Office will not sustain protest objecting to agency's failure to
         hold discussions where it is apparent from the record that protester could not have
         improved its proposal enough through discussions to be in contention for award.
         DECISION

         Charleston Marine Containers, Inc. (CMCI) protests the award of a contract to
         Military Transport, Inc. (MTI) under request for proposals (RFP) No. DAMT01-99-R-
         9007, issued by the Department of the Army's Military Traffic Management
         Command for the production of TRICON intermodal containers. CMCI contends
         that the agency failed to investigate adequately various aspects of MTIs proposal
         and engaged in improper discussions with the awardee.


We deny the protest.

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