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B-296609 1 (2005-08-19)

handle is hein.gao/gaocrptaqyb0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: United Paradyne Corporation File: B-296609 Date: August 19, 2005 Joseph J. Hasay for the protester. Carol A. Satterfield, Esq., Department of the Air Force, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency may properly include in a work statement for fuels management services a minimum staffing requirement that the agency has shown to be necessary, without violating Federal Acquisition Regulation §§ 11.002(a)(2)(i), 37.602-1(b), which generally require that, to the maximum extent practicable, the agency's needs be described in terms of performance-based standards. DECISION United Paradyne Corporation protests request for proposals (RFP) No. FA8601-05-R- 0050, issued by the Department of the Air Force, which contemplates the award of a fixed-price contract for fuels management services at Wright-Patterson Air Force Base, Ohio. We deny the protest. The work to be performed under the contract includes providing all personnel, equipment, tools, material, supervision, and other items and services necessary to perform the Fuels Management Operations as defined in the performance work statement (PWS) attached to the RFP. The PWS referenced requirements stated in a number of Air Force publications and regulations, including Air Force Instructions (AFI) 23-201, Fuels Management. PWS App. 2. AFI 23-201, paragraph 3.3, states the Air Force policy that at least two contractor employees must handle a refueling task. Contracting Officer's Statement at 4-5. The PWS states the following additional staffing requirements relevant to this protest:

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