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B-287474 1 (2001-07-02)

handle is hein.gao/gaocrptampt0001 and id is 1 raw text is: 




         G     A     0                                                Comptroller General
             SIntegrity * Reliability                                  of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: SHABA Contracting

          File:       B-287474

          Date:       July 2, 2001

          Hadley H. Gross for the protester.
          Lynn W. Flanagan, Esq., Department of Agriculture, for the agency.
          Charles W. Morrow, Esq., and James Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Forest Service reasonably determined that it was not required to incorporate the
          clauses in Federal Acquisition Regulation § 52.228-5, Insurance-Work on a
          Government Installation, and Agriculture Acquisition Regulation § 452.228-71,
          Insurance Coverage, which obligate the contractor to obtain specified coverages of
          workers' compensation and other insurance, in a solicitation for work on forest
          lands in a national forest where the Forest Service reasonably concluded that the
          work was not being performed on a Government installation, which is the situation
          where these clauses are required to be incorporated.
          DECISION

          SHABA Contracting protests invitation for bids (IFB) No. FS-WOC-01-1029, issued by
          the United States Department of Agriculture, Forest Service, Russellville, Arkansas,
          for forestry work.

          We deny the protest.

          The IFB was issued to procure pine site preparation, hardwood site preparation,
          timber stand improvement, and wildlife stand improvement on National Forest lands
          in the Buffalo Ranger District, Arkansas under a fixed-price requirements contract.
          The schedule contained estimated quantities of acres for the four items of services.

          SHABA first timely protests that the IFB should have included the Federal
          Acquisition Regulation (FAR) clause requiring the contractor to have insurance for
          workers' compensation and liability on government installations.

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