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B-277883 1 (1997-10-29)

handle is hein.gao/gaocrptagdy0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Millbrook Industrial Contracts, Ltd. File: B-277883 Date: October 29, 1997 S. G. Hogan for the protester. Maj. Michael J. O'Farrell, Jr., Department of the Army, for the agency. Mary Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation improperly restricts competition by requiring contractor to paint vehicles at contractor's facility, rather than on government installation, is denied where agency reasonably determined that restriction is necessary to minimize government's potential liability for environmental violations which could result from hazardous paint dust and fumes. DECISION Millbrook Industrial Contracts, Ltd. protests the terms of invitation for bids No. DAJA22-97-B-0038, issued by the Department of the Army, Wiesbaden, Germany, for the sanding, sandblasting, rustproofing, and Chemical Agent Resistant Coat painting of tracked and wheeled military vehicles located at 26 U.S. military installations in Germany. The solicitation called for tracked vehicles to be sanded and painted at 11 installations, and for wheeled vehicles to be sanded and painted at the contractor's own facility. Millbrook argues that the requirement that the wheeled vehicles be sanded and painted at the contractor's own facility is unnecessary and unduly restricts competition; Millbrook wants to work on the wheeled vehicles at government installations in the firm's mobile booths. We deny the protest. The determination of an agency's minimum needs, and the best method of accommodating them, is primarily within the agency's discretion. ViON Corp., B-256363, June 15, 1994, 94-1 CPD 373 at 8. We will not question an agency's assessment of its minimum needs absent a clear showing that the assessment is unreasonable. Tri-County Fence Co., Inc., B-209262.2, Apr. 12, 1983, 83-1 CPD T 381 at 3.

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