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B-277428.3 1 (1997-10-08)

handle is hein.gao/gaocrptagcj0001 and id is 1 raw text is: 


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




             Matter of: R.L. Ridgell Construction, Inc.

             File:        B-277428.3

             Date:        October 8, 1997

             Jeremy M. Griffin, Esq., Feith & Zell, P.C., for the protester.
             David A. Hearne, Esq., Outland, Gray, O'Keefe and Hubbard, for C.B.C. Enterprises,
             Inc., an intervenor.
             Vicki O'Keefe, Esq., and Cynthia Guill, Esq., Department of the Navy, for the agency.
             Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel,
             GAO, participated in preparation of the decision.
             DIGEST

             Protest that awardee failed to meet definitive responsibility criteria before receiving
             award is denied where (1) under terms of solicitation, one alleged criterion was in
             fact a performance obligation that could be met after award; and (2) record
             indicates that the other criterion was met prior to award.
             DECISION

             R.L. Ridgell Construction, Inc. protests the award of a contract to C.B.C.
             Enterprises, Inc., under invitation for bids (IFB) No. N62477-97-B-3017, issued by the
             Department of the Navy for an extension to the fiber optic distribution network at
             the Naval Air Station Patuxent River and Webster Field Annex, St. Inigoes,
             Maryland. Ridgell argues that C.B.C. was improperly found responsible because it
             failed to meet definitive responsibility criteria in the IFB.

             We deny the protest.

             The IFB contained the following relevant provisions:

                    1.4.2 Installer Qualifications

                    Before installation, submit data documenting each installer's
                    experience and qualifications as specified in the following paragraph.

                    1.4.2.1 Certification

                    The installer of the tube cable shall hold a current Air Blown Fiber
                    sub-license agreement from the tube cable manufacturer before
                    proceeding with the installation of the tube cable. Proof of

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