B-175991(2), AUG 15, 1972

B-175991(2): Aug 15, 1972

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AN IFB REQUIREMENT THAT A BIDDER POSSESS A LICENSE OR PERMIT AUTHORITY TO PERFORM IS A MATTER BEARING ON THE BIDDER'S RESPONSIBILITY AND NOT THE RESPONSIVENESS OF THE BID. 51 COMP. THE FAILURE TO MEET THE REQUIREMENT AT THE TIME OF BID OPENING IS NOT FATAL TO A CONSIDERATION OF THE BID. NOTWITHSTANDING LANGUAGE IN THE IFB THAT NONCOMPLIANCE WILL RESULT IN BID REJECTION. 39 COMP. TO GUNDERSON & FULLER: REFERENCE IS MADE TO YOUR LETTER OF JUNE 26. AN IFB REQUIREMENT THAT A BIDDER POSSESS A LICENSE OR PERMIT AUTHORITY TO PERFORM IS A MATTER BEARING ON THE BIDDER'S RESPONSIBILITY AND NOT THE RESPONSIVENESS OF THE BID. 51 COMP. THE FAILURE TO MEET THE REQUIREMENT AT THE TIME OF BID OPENING IS NOT FATAL TO A CONSIDERATION OF THE BID.

B-175991(2), AUG 15, 1972

BID PROTEST - BIDDER RESPONSIBILITY - LICENSE REQUIREMENT DENIAL OF PROTEST ON BEHALF OF UNITED MEDICAL LABORATORIES, INC., AGAINST THE PENDING AWARD OF A CONTRACT TO WASHINGTON REFERENCE LABORATORY, INC., BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, FOR NARCOTIC URINALYSIS TESTING. AN IFB REQUIREMENT THAT A BIDDER POSSESS A LICENSE OR PERMIT AUTHORITY TO PERFORM IS A MATTER BEARING ON THE BIDDER'S RESPONSIBILITY AND NOT THE RESPONSIVENESS OF THE BID. 51 COMP. GEN. , B-174083, DECEMBER 21, 1971. AS SUCH, THE FAILURE TO MEET THE REQUIREMENT AT THE TIME OF BID OPENING IS NOT FATAL TO A CONSIDERATION OF THE BID, NOTWITHSTANDING LANGUAGE IN THE IFB THAT NONCOMPLIANCE WILL RESULT IN BID REJECTION. 39 COMP. GEN. 881 (1960).

TO GUNDERSON & FULLER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1972, AND PRIOR CORRESPONDENCE, PROTESTING ON BEHALF OF UNITED MEDICAL LABORATORIES, INC., AGAINST THE PENDING AWARD OF A CONTRACT BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR NARCOTIC URINALYSIS TESTING UNDER INVITATION FOR BIDS (IFB) NO. 0320-6-2-450-CH.

SINCE THE PROCUREMENT ACTIVITY PROPOSES TO MAKE AWARD TO THE WASHINGTON REFERENCE LABORATORY, INC. (WRL), WE NEED DISCUSS YOUR PROTEST ONLY INSOFAR AS IT RELATES TO THAT LOW BIDDER. BASICALLY, YOU CONTEND THAT WRL'S BID SHOULD BE DECLARED NONRESPONSIVE FOR FAILING TO INCLUDE, AT THE TIME OF BID OPENING, AS REQUIRED BY THE IFB, A COPY OF A CURRENT CERTIFICATE OF REGISTRATION WITH THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS TO CONDUCT CHEMICAL ANALYSIS WITH CERTAIN CONTROLLED SUBSTANCES. YOU FURTHER MAINTAIN THAT WRL DID NOT POSSESS A CLINICAL LABORATORY LICENSE AT THE TIME OF BID OPENING AS REQUIRED BY SECTION XIV OF THE IFB.

AN IFB REQUIREMENT THAT A BIDDER POSSESS A LICENSE OR PERMIT AUTHORITY TO PERFORM IS A MATTER BEARING ON THE BIDDER'S RESPONSIBILITY AND NOT THE RESPONSIVENESS OF THE BID. 51 COMP. GEN. , B-174083, DECEMBER 21, 1971; 47 COMP. GEN. 539 (1968); B-174735(1), JUNE 7, 1972; B-174348, DECEMBER 29, 1971. AS SUCH, THE FAILURE TO MEET THE REQUIREMENT AT THE TIME OF BID OPENING IS NOT FATAL TO A CONSIDERATION OF THE BID, NOTWITHSTANDING LANGUAGE IN THE IFB THAT NONCOMPLIANCE WILL RESULT IN BID REJECTION. COMP. GEN. 881 (1960) AND 41 ID. 106, 108 (1961).

ACCORDINGLY, THE PROTEST IS DENIED.