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.
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.
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 protesterâ€™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 employeeâ€™s subsequent firm.
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.
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.
Request for reconsideration is denied where grounds for reconsideration do not specify any errors of law made or information not considered.
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.