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B-417934 1 (2019-12-03)

handle is hein.gao/gaobaeahe0001 and id is 1 raw text is: G U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: SHABA Contracting File: B-417934 Date: December 3, 2019 Hadley Gross, for the protester. Azine Farzami, Esq., Department of Agriculture, for the agency. Uri R. Yoo, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging terms in solicitation requiring offerors that propose to employ H-2B nonimmigrant workers to submit temporary employment certificates at the time of proposal submission is denied where the protester fails to establish that the solicitation terms are inconsistent with law or regulation. DECISION SHABA Contracting, a small business of Robbinsville, North Carolina, challenges the terms of solicitation No. 12455019R0025, issued by the Department of Agriculture, Forest Service, for tree cutting services in the Croatan National Forest in North Carolina. The protester contends that the terms of the solicitation are inconsistent with certain labor laws and regulations and are unreasonable. We deny the protest. BACKGROUND On August 5, 2019, the agency issued the solicitation for manual crop tree release on 184 acres in Croatan Ranger District, New Bern, North Carolina. Agency Report (AR), Tab 7, Request for Proposals (RFP), at 1. The period of performance will be from the date of award to December 31. Id. The RFP includes an attachment titled Employment of Eligible Workers and Workforce Certification, which sets forth requirements for offerors that will employ nonimmigrant workers under the Department

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