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B-262238 1 (1995-12-12)

handle is hein.gao/gaocrptacef0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: RSI Realty Services, Inc.

File:        B-262238

Date:        December 12, 1995

Robert W. Howells for the protester.
Arnette L. Georges, Esq., for the Department of Housing and Urban Development,
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

Agency's waiver of definitive responsibility criterion, set forth in solicitation for real
estate acquisition management services to require that offerors possess a valid real
estate brokers license prior to award, is unobjectionable where the requirement
overstated the agency's actual needs, the agency's needs can be met through award
to an offeror which did not satisfy the requirement but acquired the license shortly
after award, and there is no reasonable possibility of prejudice to other offerors.
DECISION

RSI Realty Services, Inc. (RSI) protests the award of a contract to CitiWest
Properties, Inc. under request for proposals (RFP) No. H02R950642, issued by the
Department of Housing and Urban Development (HUD), for real estate asset
management (REAM) services. RSI argues that CitiWest should not have received
award because it did not have a New Jersey real estate broker license as of the
time of award, as required by the solicitation.

We deny the protest.

The RFP provided for the award of a firm, fixed-price, indefinite quantity contract
for the performance of REAM services in Atlantic, Cape May, Cumberland, Ocean
and Salem counties, New Jersey. The contractor will be responsible for preserving
and protecting single family properties until the units are sold to the public or
accepted by nonprofit organizations. The RFP provided that award would be made
to the responsible offeror whose offer, conforming to the solicitation, was
determined most advantageous to the government, cost and other factors
considered.

The agency issued four amendments to the solicitation, with amendment No. 004
adding the following:


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