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B-291771 1 (2003-03-17)

handle is hein.gao/gaobacyfy0001 and id is 1 raw text is: 


   I

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



          Decision


          Matter  of: Performance Excavators, Inc.

          File:       B-291771

          Date:       March  17, 2003

          Bonnie Freeman, Esq., Senneff Freeman & Bluestone, for the protester.
          Brian A. Bannon, Esq., and David A. Leib, Esq., Blank Rome, for the agency.
          David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          The Presidio Trust, a wholly-owned government corporation, is not subject to the
          General Accounting Office's bid protest jurisdiction under the Competition in
          Contracting Act of 1984 (CICA), since the Trust is statutorily exempt from all federal
          procurement laws and regulations but for certain enumerated exceptions that do not
          include CICA.
          DECISION

          Performance Excavators, Inc. (PerfEx) protests the Presidio Trust's award of a
          contract to ERRG, Inc. and Associates, Joint Venture (ERRG), under invitation for
          bids (IFB) No. IFB-2002-016, for environmental cleanup. PerfEx asserts that award
          to ERRG  was improper because ERRG did not satisfy a solicitation requirement for a
          specific business license.

          We  dismiss the protest for lack of jurisdiction.

          The Presidio Trust is a wholly-owned government corporation established to
          exercise administrative jurisdiction over the Presidio, a former military post in San
          Francisco, and to manage the leasing, maintenance, rehabilitation, repair and
          improvement  of property within the Presidio under its administrative jurisdiction.
          Omnibus  Parks and Public Lands Management Act of 1996 (Act), Pub.L. No. 104-333,
          §§ 103(a), (b), 104(a)-(c), 110 Stat. 4093, 4098, 4101 (1996). The IFB contemplated
          award of a contract for environmental remediation of a landfill and fill site on the
          Presidio, and required firms to possess a valid Class A Hazardous California State
          Contractor's License at the time of bid opening. IFB at 9.

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