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B-282282 1 (1999-04-27)

handle is hein.gao/gaocrptajjm0001 and id is 1 raw text is: 


Comptroller General
of the United States

Washington, D.C. 20548

Decision



Matter of: Buckeye Park Services Inc.

File:        B-282282

Date:        April 27, 1999


William Johnson for the protester.
Capt. Janice G. Inman, Department of the Air Force, for the agency.
Katherine I. Riback, Esq., and James Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest challenging award for grounds maintenance contract on the basis that the
awardee did not, prior to award, demonstrate compliance with certain licensing
requirements is denied where the solicitation did not require such a demonstration;
the solicitation provision regarding licensing was only a contract performance
requirement.
DECISION

Buckeye Park Services Inc. protests the award of a contract to Metcalfe Grounds
Maintenance under request for proposals (RFP) No. F22600-99-R-0057, issued by the
Department of the Air Force for grounds maintenance at Keesler Air Force Base.
Buckeye contends that the award to Metcalfe is improper because the awardee failed
to comply with the solicitation's licensing requirements.

We deny the protest.

The agency had previously issued a solicitation for the grounds maintenance at
Keesler Air Force Base, but suspended action under that procurement due to a
protest filed in our Office. To cover these services in the interim, the agency
telephonically solicited five of the offerors (with a follow-up fax) for a 3-month period
with award to be made to the firm submitting the lowest-priced, technically
acceptable offer. This RFP incorporated the performance work statement of the
previous solicitation. Of significance to this protest, the RFP required that the
Contractor shall make sure employees have the following current and valid
professional certifications before starting work under this contract. . . . RFP § C-
1.2.2.2. (emphasis added). With regard to these professional certifications, the RFP
also required [t]he Contractor shall possess a current Commercial State of
Mississippi Pesticide License, RFP § C-1.2.2.2.3., and Contractor shall have at least

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