B-172312(2), JUN 4, 1971

B-172312(2): Jun 4, 1971

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THE MILITARY SEALIFT COMMAND REPORTS THAT ALL PROPOSALS RECEIVED WERE EVALUATED ON THE BASIS OF RATES FOR FIRST YEAR TOGETHER WITH OPTIONAL PERIODS AS STATED IN RFP AND THAT ALL CONTAINERS WILL BE MADE IN AMERICA. INC.: FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED APRIL 19 AND LETTER DATED MAY 3. THE BASIS OF YOUR PROTEST IS (1) THAT CTI WILL FURNISH FOREIGN-MADE CONTAINERS IN VIOLATION OF THE BUY AMERICAN ACT AND (2) THE PROPOSALS WERE EVALUATED ON THE BASIS OF THE RATES QUOTED FOR THE FIRST YEAR ONLY. IN CONTRAVENTION OF PARAGRAPH 4 OF THE RFP WHICH STATES "RATES SUBMITTED FOR OPTIONAL PERIODS WILL BE EVALUATED TOGETHER WITH THE BASIC PERIODS.". THE MILITARY SEALIFT COMMAND REPORTS THAT THE PROPOSALS RECEIVED WERE EVALUATED ON THE BASIS OF THE RATES QUOTED FOR THE FIRST YEAR TOGETHER WITH THE OPTIONAL PERIODS AS STIPULATED IN THE RFP.

B-172312(2), JUN 4, 1971

BID PROTEST - BUY AMERICA ACT - LEASE OF CARGO CONTAINERS DENIAL OF PROTEST AGAINST AWARD OF CONTRACT TO CONTAINER TRANSPORT INTERNATIONAL UNDER AN RFP ISSUED BY THE MILITARY SEALIFT COMMAND FOR THE LEASE OF CARGO CONTAINERS. ALTHOUGH PROTESTANT ALLEGES OTHERWISE, THE MILITARY SEALIFT COMMAND REPORTS THAT ALL PROPOSALS RECEIVED WERE EVALUATED ON THE BASIS OF RATES FOR FIRST YEAR TOGETHER WITH OPTIONAL PERIODS AS STATED IN RFP AND THAT ALL CONTAINERS WILL BE MADE IN AMERICA.

TO ABC CONTAINER COMPANY, INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED APRIL 19 AND LETTER DATED MAY 3, 1971, PROTESTING THE AWARD OF A CONTRACT TO CONTAINER TRANSPORT, INTERNATIONAL (CTI) UNDER REQUEST FOR PROPOSALS NO. N00033 71-R-0024, ISSUED BY THE MILITARY SEALIFT COMMAND, FOR THE LEASING OF A NUMBER OF CARGO CONTAINERS AND CHASSIS.

THE BASIS OF YOUR PROTEST IS (1) THAT CTI WILL FURNISH FOREIGN-MADE CONTAINERS IN VIOLATION OF THE BUY AMERICAN ACT AND (2) THE PROPOSALS WERE EVALUATED ON THE BASIS OF THE RATES QUOTED FOR THE FIRST YEAR ONLY, IN CONTRAVENTION OF PARAGRAPH 4 OF THE RFP WHICH STATES "RATES SUBMITTED FOR OPTIONAL PERIODS WILL BE EVALUATED TOGETHER WITH THE BASIC PERIODS."

THE MILITARY SEALIFT COMMAND REPORTS THAT THE PROPOSALS RECEIVED WERE EVALUATED ON THE BASIS OF THE RATES QUOTED FOR THE FIRST YEAR TOGETHER WITH THE OPTIONAL PERIODS AS STIPULATED IN THE RFP. IT IS FURTHER REPORTED THAT CTI HAS ADVISED THAT ALL CONTAINERS TO BE FURNISHED UNDER THE CONTRACT WILL BE OF UNITED STATES MANUFACTURE. YOU INDICATE IN YOUR LETTER OF MAY 3 THAT THERE IS NO LONGER A BASIS FOR YOUR PROTEST IF AMERICAN-MADE CONTAINERS ARE FURNISHED UNDER THE CONTRACT.

IN VIEW OF THE INFORMATION FURNISHED BY THE MILITARY SEALIFT COMMAND, YOUR PROTEST AGAINST THE AWARD TO CTI MUST BE DENIED.