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B-297219 1 (2005-12-05)

handle is hein.gao/gaocrptaqzn0001 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: Charter Environmental, Inc. File: B-297219 Date: December 5, 2005 Daniel J. Kelly, Esq., and Gary J. Campbell, Esq., Gadsby Hannah, for the protester. Azine Farzami, Esq., Department of Agriculture, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting agency unreasonably determined that apparent low bidder on invitation for bids for the stabilization and removal of mine waste met the solicitation's definitive responsibility criterion requiring that the awardee have completed three similar projects, where the agency only considered the experience of what is apparently the low bidder's parent company, even though the record does not contain a commitment by the parent company to the low bidder's successful performance of the work. 2. Bid cannot be rejected as nonresponsive on the basis that the bid did not include completed standard representations and certifications or the bidder had not yet registered in the Central Contractor Registration. DECISION Charter Environmental, Inc. protests the proposed award of a contract to ECI Northeast, LLC, under invitation for bids (IFB) No NEAT-05-190, issued by the Forest Service, Department of Agriculture, for restoration of the Ore Hill Mine Site in New Hampshire. Charter argues that ECI Northeast's bid should have been rejected as nonresponsive, and that ECI Northeast does not meet the IFB's definitive responsibility criteria and is thus ineligible for award. We sustain the protest in part and deny it in part. The IFB provides for the award of a fixed-price contract for the mine restoration services, which include, for example, the removal and stabilization of mine waste.

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