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B-188035 1 (1977-04-07)

handle is hein.gao/gaobadely0001 and id is 1 raw text is: IIU * EojEqr Ayer. - * Proc. I .N. THW - DWISTROLA.WC %.*RAL DHCISION .$a THE UITRL. res WALHIG~-014.o~.20J54E FILE: B-88035 DATE: April 7, 1977 MATTER OF: Pacific Architects & Engineers, Incorporated OIGEST: Where agency issues request for proposals which contains broad, general requirement that contractor obtain appro- prtate licenses and later durini course of negdtiations modifies its requirement so as to require a specific license, agency did not act iaproperly in rejecting offer of firm which refuses tu apply for required specific license. Pacific Architects and Engineers, Inc. (PAE) protests the United States Air Force's (Air Force) award of a contract to any offeror other than PAS for the interior painting and repair of 120 family housing units at the Sagamihara Dependent Housing Area, Sagamihara-shi, Kanagava-ken, Japan, under Request for Proposals (BFP) F62562-76--0695. PAE is both the low offeror and the only -on-Japanese firt .mong the 14 offerors proposing under the solicitation. The aFP incorporated by reference the generally worded license requirements of Armed Se:.ices Procure- ment Regulation (ASPR) 7-602,13, entitled Permits and Respon- sibilities (1964 JUN). Dsring the course of iegotiations the Air Force was advised by the U.S. Navy Officer-in-Charge of Construction, Far East, that PAE did not have-a Japanese license to perform maintenance and construction in Japan. The record Indicates that the same issue had previousty arisen with regard to several Navy contracts and that award was made by the Navy to PAE notwithstanding the lack of the required license because PAE had made its offer as a Joint-venturer in conjunction with a Japanese firm which was in possession of the required license. Upon learning of PAE's lack of licensing, the Air Force requested all offurors witfain the competitive range to furnish evidence of such licensing. pAB did not furnish the required evidence. Air Force inquiries at the Japanese Ministry of Construction indicated that the reason PAE could not furnish the evidence was that PA! had never applied for a license. It - 1h

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