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B-204547.2 1 (1982-05-17)

handle is hein.gao/gaobadkhk0001 and id is 1 raw text is: I ~6 . - -. I I'i DECISION THIS COMPTROLLER GEN13RAL OF THE UNITED STATEB WASHINGTON, DC. 20540 B-204547,2 DATE: May 17, MATTER OF: International Business Reconsideration Investments-- DIGEBT: Prior decision is affirmed upon reconsieration in absence of any showing that decision was based on error of fact or law, International BusinessInvestments (1I) requests reconsideration of our decision in International Business Investments, B-204547, March-4, -1982 82-1 CPD1 94. There, we denied fl(I's pre-bid-opening pro- test against a solicitation requirement that bidders submit evidence of possession of a specific State license, under a Department of Health and Human Services (IIHS) solicitation for guard/security ser- vices, on the ground that a contracting agencv may propi rly require a bidder to hold a specific license as -' matter of responsibility. The thrust of IBI's argument is that it is improper to require evidence of a particular license prior to-bid opening. IBI urges that HNS's action in requiring the license at bid opening is improper because; (1) it constitutes a prohibited prequalifi- cation of bidders; (2) it discriminates against bidders from other portions of the country; (3) it As a matter for resolution by the Small Business Administration under its certificate of competency procedures insofar as bidders are small businesses; and (4) if the low bidder cannot obtain the license prior to the beginning of the time set for perfor- mance, then HUiS need only default the low bidder and proceed to the next low b-dder, In our prior decision, we limited our decision to the propriety of IS requiring a specific State license as a matter of responsibility, which can be demonstrated after bid opening, despite solicitatilbn language to the contrary. See 53 Comp. Gen. 5.1 (1973). * *.- - * '1rqrt1...-.. W7 *,P''.f-*%.9*,b S *.~. * * S - *~-~ ~ * . S ~ t* ~Op ~ * ? i4~4 I ~ *~- r1.'-~ FILE: 1982 p. -I I.. *. N- *e 'IT I 'a * It Ii SI I J I, .9; 1.1:, '~ ~. / / g 3 Ce

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