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B-185803 1 (1976-09-03)

handle is hein.gao/gaobaddab0001 and id is 1 raw text is: THE COlMPTPOLLER GENMFd AL DLECISION ~OF THE UNITED STATES VW ASHINGTON, D.C. 20548 FILE: B-185803 DATE: September 3, 1976 MATTER OF: McNamara-Lunz Vans & Warehouses, Inc. DIGEST: 1. Prior decision is affirmed where broadly and generally worded invitation provision requires bidders to obtain all necessary State, local, and Federal licenses necessary for contract performance without specifying any specific license or permit, since matter is not for contracting officer's consideration in determining bidder responsibility, and consequently our consideration of protest on basis of responsibility determination review would be inappropriate. Matter is one solely for contractor and license/permit issuing entity. 2. Treatment of State/local requirements versus Federal ones is not inappropriate since where definite, specific license is required, whether State/local or Federal, requirement affects responsibility, but where either or both are required only in general language, leaving matter to contractor and issuing entity, matter does not affect bidder responsibility. Appeal of question of possession of Federal license should properly be made to ICC and if adverse to contractor contract may be terminated for default. Counsel for the protester requests reconsideration of our decision in McNamara-Lunz Vans & Warehouses, Inc., B-185803, July 8, 1976, 76-2 CPD 20, wherein we held that the broad, general language of a solicitation instruction that The Contractor shall * * * be responsible for obtaining and maintaining any Federal, State, and/or local operating authorities, permits, licenses, etc. * * * was a matter solely between the contractor and the entity responsible for granting such permits or licenses and that, therefore, such language meant that the determination of whether a license or permit had been obtained had no bearing on who received the award of the contract or on a bidder's responsibility. - 1 -

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