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B-290603 1 (2002-09-03)

handle is hein.gao/gaocrptaogj0001 and id is 1 raw text is: 




          G    A     0                                                Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Shinwha Electronics

          File:        B-290603; B-290603.2; B-290931; B-290932, B-290932.2, B-291064

          Date:        September 3, 2002

          Holly A. Roth, Esq., and Stephen M. Ryan, Esq., Manatt, Phelps & Phillips, for the
          protester.
          Captain Gregory A. Moritz, Department of the Army, for the agency.
          Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest that offeror was improperly suspended from receiving government
          contracts is denied where there is no evidence that the agency acted arbitrarily to
          avoid making an award to an offeror otherwise entitled to award and where the
          minimum standards of due process have been met.

          2. General Accounting Office, under its bid protest function, will no longer review
          protests that an agency improperly suspended or debarred a contractor, as the
          contracting agency is the appropriate forum for suspension and debarment disputes.
          DECISION

          Shinwha Electronics protests its exclusion from the competition for award of a
          contract under request for proposals (RFP) No. DAJB03-02-R-0084, issued by the
          Department of the Army for the maintenance and repair of fire alarm and detection
          systems at Kunsan Air Base, Korea. Shinwha was precluded from competing on the
          basis of its status as a suspended contractor. Shinwha contends that its suspension
          was improper, and that the company's resulting exclusion from the competition was,
          therefore, also improper. We deny this protest (B-290932).

          Shinwha also filed five other protests raising issues in addition to those concerning
          its suspension. As explained below, we dismiss these protests on the ground that, as
          a suspended contractor, Shinwha is not an interested party to maintain the protests.

          The RFP, issued on April 29, 2002, contemplated the award of a fixed-price contract
          for a 6-month base period, with one 3-month option period, to provide maintenance

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