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B-277235.2 1 (1997-11-12)

handle is hein.gao/gaocrptagbg0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: MEI, Inc.

             File:        B-277235.2

             Date:        November 12, 1997

             Conrad C. Ledoux, Esq., and Herman M. Braude, Esq., Braude & Margulies, P.C., for
             the protester.
             Maj. Jonathan C. Guden and Col. Nicholas P. Retson, Department of the Army, for
             the agency.
             Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Protest that awardee does not meet solicitation's definitive responsibility criterion
             requiring proof of 5 years of experience for the type of work to be performed is
             sustained where record shows the contracting officer did not have adequate,
             objective evidence the bidder satisfied the criterion; contracting officer improperly
             considered qualifications of bidder's subcontractor in determining bidder's
             responsibility; and, in any event, contracting officer did not have adequate, objective
             evidence that the subcontractor satisfied the criterion on behalf of bidder.
             DECISION

             MEI, Inc. protests the award of a contract to Solutions to Environmental Problems,
             Inc. (STEP) under invitation for bids (IFB) No. DABAT1O-97-B-0008, issued by the
             Department of the Army for the inspection and repair of storm and sanitary sewer
             lines at Fort Benning, Georgia. MEI argues that STEP does not meet the
             solicitation's definitive responsibility criterion and is thus ineligible for award.

             We sustain the protest.

             The successful bidder was to be awarded a fixed-price requirements contract to
             provide an array of services associated with the inspection and repair of storm and
             sanitary sewer lines. The type of work to be performed includes sewer line
             cleaning; television inspection of sewer lines; testing, grouting, and retesting of
             joints; repair of point deficiencies; sliplining; pipe bursting and relining; manhole
             work; excavation, trenching, and backfilling; replacement of building service
             laterals; concrete and asphalt work; and site work. Paragraph H.26 of the IFB

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