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B-290415 1 (2002-08-08)

handle is hein.gao/gaocrptaofm0001 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: Vantex Service Corporation File: B-290415 Date: August 8, 2002 Simon Elliott for the protester. Ronald A. Kennedy for Kennedy Septic Tank Service, the intervenor. Parag J. Rawal, Esq., Department of the Army, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against agency's bundling of portable latrine rental services with waste removal services, each of which is classified under a different North American Industrial Classification System code and is generally performed by a different set of contractors, is sustained, where the agency has not shown that bundling the services is necessary to meet its needs. DECISION Vantex Service Corporation protests the terms of invitation for bids (IFB) No. DAKF40-02-B-0001, issued by the Department of the Army, Fort Bragg, North Carolina, for rental and servicing portable latrines at Fort Bragg, Fort Drum (New York), and Fort Campbell (Kentucky), and certain waste removal services at Fort Campbell. Vantex contends that the bundling of portable latrine rental and servicing with the other waste removal services at Fort Campbell unduly restricts competition. We sustain the protest. The IFB, issued as a total small business set-aside on March 29, 2002, contemplated the award of one or more fixed-price contracts for a base period with four 1-year options. The bidding schedule segregated the work for each facility under three separate schedules (I, II, III), and a fourth schedule (IV) that combined the work for all three facilities. The IFB permitted bidders to bid on a single schedule, a combination of schedules, or schedule IV (that is, all three locations), and provided for most advantageous to the government award(s), based on either the lowest bids from each schedule or the aggregate total of all schedules under schedule IV.

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