Postal Purchasing Protest Decisions

2002 Digest

Solicitation No. IAT 2002-01
American Airlines, Inc., Northwest Airlines, Inc., Delta Airlines and Continental Airlines, Inc. P.S. Protest No. 02-01, 02-02, 02-03, 02-04, September 27, 2002 HTM | PDF

USPS, under 39 USC 5402, found to have the authority to contract for foreign air transportation of mail at rates other than those set by DOT. PM does not require USPS to confer with industry and DOT on changes to contracting practices, nor does PM require USPS to hold pre-proposal conference. Postal Service found not to be seeking additional capacity for foreign air transportation but rather to exercise its contracting powers under 39 USC 5402. Protests denied.

Solicitation No. 412735-02-A-0061
Service Unlimited, Inc, P.S. Protest No. 02-10, August 26, 2002 HTM | PDF

Protest of failure to receive award because of ambiguity in a solicitation for HVAC maintenance is dismissed as untimely; although solicitation was ambiguous, matter was untimely raised subsequent to contract award.

Solicitation No. 363199-00-A-0087
Cleggs Car Care, P.S. Protest No. 02-14, March 12, 2003 HTM | PDF 

Protest of failure to receive a vehicle service agreement is sustained in part. Evaluation of proposals was tainted by favors provided to postal evaluator by protester’s employee who later established his own firm which received the agreement on basis of unsupported evaluation. In resolicitation, fact of improper dealings should be considered with respect to both protester and employee’s subsequent firm.

Solicitation No. 412735-02-A-0108
Heintz Media Productions, LLC, P.S. Protest No. 02-16, March 20, 2003 HTM | PDF

Protest of award of television program production contract is denied. Record does not support protester's suppositions that Postal Inspector influenced selection on behalf of the awardee.

Solicitation No. IAT 2002-01
United Airlines Inc., P.S. Protest No. 02-17, November 14, 2002 HTM | PDF

Protest of solicitation terms is summarily dismissed. Allegation that eight days was an inadequate time to respond to the solicitation mooted by amendment allowing 24 days after receipt of this decision to respond. Allegation requesting preproposal conference is untimely raised and had also already been discussed in the first protest of this solicitation. Allegations that scope of solicitation was unclear and that the minimum guarantee was inadequate are also untimely raised as they were issues present in the original solicitation.

Solicitation No. IAT 2002-01
United Airlines Inc., P.S. Protest No. 02-17r, December 13, 2002 HTM | PDF

Request for reconsideration is denied where grounds for reconsideration do not specify any errors of law made or information not considered.

Solicitation No. 948-64-02
Earl's Mail Service, P.S. Protest No. 02-19, March 03, 2003 HTM | PDF

Protest of contracting officer's determination of offeror's lack of capability is sustained. Record does not support finding that offeror lacks sound record of integrity and business ethics; existence of tax liens is not, per se, disqualifying where record lacks evidence of impact of liens on offeror's capability to perform.

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