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B-265931 1 (1996-01-18)

handle is hein.gao/gaocrptadth0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Hellenic Technodomiki, S.A. File: B-265931 Date: January 18, 1996 James Marketos, Esq., Lane and Mittendorf LLP, for the protester. Cynthia Guill, Esq., Department of the Navy, for the agency. Charles W. Morrow, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The procuring agency reasonably determined that a joint venture satisfied the solicitation's definitive responsibility criterion that a contractor possess a category H license under Greek Law, where one venturer under the terms of the joint venture agreement was fully responsible for the work and possessed the required category H license. 2. Bid allegedly containing some below-cost line item prices is not unbalanced, where the bid is not alleged to contain overstated prices for other line items. DECISION Hellenic Technodomiki, S.A. protests the award of a contract to Themeliodomi, S.A. and Contracting, Ltd., a joint venture, under invitation for bids (IFB) No. N62470-94- B-4044, issued by the Naval Facilities Engineering Command for construction work in Crete, Greece. Hellenic contends that the awardee fails to meet a definitive responsibility criterion, and that its low bid price was unreasonable and unbalanced. We deny the protest. The IFB, which sought a contractor to perform various construction projects, contained the following qualification requirement: BIDDER'S QUALIFICATIONS: Before a bid is considered for award, the low responsive bidder will be requested to submit ... proof that the firm is of the overall ... category classification H licensed under Greek laws and regulations (Greek Ministry of Environment, Planning and Public works Presidential Decree 368 dated 30 November 1994) to undertake the construction of this project. If the bidder is unable to 233118

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