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B-270690.3 1 (1996-06-27)

handle is hein.gao/gaocrptaeaf0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Quality Lawn Maintenance

File:        B-270690.3

Date:        June 27, 1996

Michael Van Fleet for the protester.
Brian Brinson, Excell Management Corporation, an intervenor.
Emily C. Hewitt, Esq., Gary F. Davis, Esq., and Richard E. Hurst, Esq., General
Services Administration, for the agency.
Susan K. McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest that solicitation requirements exceed contracting agency's minimum needs
and are unduly restrictive of competition is denied where there is no showing that
agency lacked a reasonable basis for the challenged requirements.
DECISION

Quality Lawn Maintenance protests the terms of invitation for bids (IFB)
No. GS11P96MJC0001, issued by the General Services Administration for landscape
maintenance services at 30 installations in Washington, D.C. and Maryland. The
protester contends that certain requirements in the solicitation exceed the agency's
minimum needs and unduly restrict competition.

We deny the protest.

The amended IFB, set aside for small business concerns, includes a requirement for
the contractor to have an on-staff horticulturist that is either certified by the
American Association of Nurserymen or some equivalent organization, or possess a
Bachelor of Science Degree in either horticulture or a related life science. The
protester contends that this requirement is in excess of the agency's minimum
needs because the grounds maintenance services can successfully be provided
without a certified or degreed horticulturist on staff. The protester states that this
requirement was not included in predecessor contracts, that the requirement is
restrictive for small businesses that may not have such a horticulturist on staff, and
that the requirement will greatly increase the cost of the contract.


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