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B-278515 1 (1998-02-09)

handle is hein.gao/gaocrptahox0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: HAP Construction, Inc. File: B-278515 Date: February 9, 1998 Theodore M. Bailey, Esq., for the protester. Christopher E. Kohler for National Environmental Services Corporation, an interveno r. Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency. Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. General licensing requirement is a performance requirement, not a definitive responsibility criterion, and need not be satisfied prior to award. 2. Protest that awardee did not satisfy various definitive experience criteria is denied where record establishes that the contracting officer had a reasonable basis for concluding that criteria were met prior to award. DECISION HAP Construction, Inc. protests the award of a contract to National Environmental Services Corporation (NESC) under invitation for bids (IFB) No. 1425-97-S1-81- 90001, issued by the Bureau of Reclamation, Department of the Interior, for certain demolition and construction work in the United States Virgin Islands. HAP principally contends that NESC did not satisfy various definitive responsibility criteria set forth in the solicitation. We deny the protest. BACKGROUND The IFB, issued on March 6, 1997, was amended four times, and opening occurred on July 1. The specifications called for the removal of a catchment basin, the demolition of a hotel complex, and the replacement of a dock at Water Island in the Virgin Islands. In the Foreword to the solicitation the estimated cost range of the project was listed as $1,000,001 to $5,000,000.

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