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B-279724 1 (1998-07-15)

handle is hein.gao/gaocrptahtn0001 and id is 1 raw text is: 


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




             Matter of: CW Construction Services & Materials, Inc.

             File:       B-279724

             Date:       July 15, 1998

             Kurt Thalwitzer, Esq., Mateer & Harbert, for the protester.
             Denise Benjamin-Bibby, Esq., Small Business Administration, and Thomas W. Burt,
             Esq., Office of the Chief of Engineers, Department of the Army, for the agencies.
             Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Small Business Administration (SBA) reasonably determined that protester was
             ineligible for award of 8(a) construction contract where protester failed to provide
             sufficient information during SBA's investigation to show that it established and
             maintained an office staffed with at least one full-time employee within the
             geographic area specified in the solicitation.

             2. Protest that solicitation for 8(a) construction contract contained a latent
             ambiguity is denied where protester has not demonstrated a reasonable possibility
             that it was prejudiced by the alleged ambiguity.
             DECISION

             CW Construction Services & Materials, Inc. (CW) protests the determination by the
             Small Business Administration (SBA) that the firm is ineligible for award because it
             does not satisfy the geographic restriction contained in invitation for bids (IFB)
             No. DCAO1-98-B-0025, issued by the U.S. Army Corps of Engineers, Mobile District
             for construction repairs at MacDill Air Force Base, Florida. The protester argues
             that the SBA's determination was unreasonable because CW maintains an office
             with at least one full-time employee within the geographic area specified in the IFB.
             The protester also argues that the IFB's geographic restriction contained a latent
             ambiguity.

             We deny the protest.

             BACKGROUND

             The IFB was issued on February 17, 1998, as a competitive small disadvantaged
             business set-aside under section 8(a) of the Small Business Act, 15 U.S.C. § 637(a)
             (1994). The IFB sought bids for interior and exterior construction repairs to

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