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B-288936 1 (2001-12-12)

handle is hein.gao/gaocrptamsw0001 and id is 1 raw text is: G A O0 Comptroller General SIntegrity * Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Apex Support Services, Inc. File: B-288936; B-288936.2 Date: December 12, 2001 Timothy P. Healy for the protester. Sherri Snowden for Zeta Construction Corporation, an intervenor. Gay F. Chase, Esq., General Services Administration, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against performance bond and bid guarantee requirements is sustained where agency fails to demonstrate that it reasonably determined that bonding requirements were necessary to protect the government's interest. DECISION Apex Support Services, Inc., a very small business concern, protests the bonding requirements in request for proposals (RFP) No. GS05PO1GAC0168, issued by the General Services Administration (GSA) for planning and estimating services. Apex contends that the bonding requirements unduly restricted competition. We sustain the protest. The RFP requested the services of two planner/estimators, one to work at a GSA office in Cleveland and the other to work at a GSA office in Cincinnati, for a base period of I year and two option periods of I year each. The two individuals are to be responsible for requesting, inspecting, and accepting construction work on behalf of the government. Tasks which they will perform include developing specifications, finalizing scopes of work, scheduling work, performing cost estimation, and preparing procurement documents. The solicitation included requirements for a bid guarantee (in an amount equal to 20 percent of the bid amount for the base period of performance) and a performance bond (in an amount equal to 20 percent of the contract price for the initial 12-month period).

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