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B-270603 1 (1996-03-29)

handle is hein.gao/gaocrptadzv0001 and id is 1 raw text is: 


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

Decision



Matter of: Karl Brothers, Incorporated

File:       B-270603

Date:       March 29, 1996

John P. Ahlers, Esq., Craig Holley, Esq., Barokas & Martin, for the protester.
Col. Nicholas P. Retson, and Capt. Bryant Banes, Department of the Army, and
Audrey Liebross, Esq., Small Business Administration, for the agencies.
Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.

DIGEST

Protester which would not be next in line for award is not an interested party to
protest award to an offeror ineligible to compete under the solicitation's mistakenly
stated standard industrial classification (SIC) code.

DECISION

Karl Brothers, Incorporated protests the award of a contract to CDC/TAG, Joint
Venture, under request for proposals (RFP) No. DAHC 76-94-R-0013, issued by the
Department of the Army for military housing maintenance at various installations in
Alaska. Karl asserts that the award was improper because it was made on the basis
of a size standard other than that set forth in the RFP.

We dismiss the protest.

The RFP was issued on June 6, 1995, as a set-aside for small businesses certified by
the Small Business Administration (SBA) to participate in the SBA's 8(a) Program
(section 8(a) of the Small Business Act, 15 U.S.C. § 637(a) (1994)). The RFP
contemplated the award of a firm, fixed-price construction requirements contract
for a base year with 4 option years. Work included maintenance of family housing
quarters and appliance service at Forts Richardson, Wainwright, and Greely, and a
separate off-post housing unit in Fairbanks, Alaska.


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