Protest Alleging Noncompliance of Solicitation Requirements by Low Bidder

A protester alleged that the awardee of a contract under an invitation for bids (IFB) issued by the Environmental Protection Agency (EPA) failed to comply with two requirements set forth in the solicitation. These two requirements stated that the contractor provide "qualified" operators and that the awardee be within a 50-mile radius of the procuring agency. The protester stated that the awardee satisfied the geographical requirement by having a relative residing within the 50-mile radius establish the firm in his home which was not licensed or zoned for business purposes. The determination of whether the proposed contractor could provide "qualified" operators was a matter of contract administration and not a matter for consideration by GAO. Absent specific requirement in the solicitation, the existence of an office in a private home does not affect the validity of a contract. However, in the view of GAO, the geographic limitation in this case restricted firms from competing and the geographic limitation did not represent the actual needs of the contracting agency. Since the protester, located within the geographic zone, was not prejudiced, the award will not be disturbed. Recommendation was made that option for an additional 1-year term not be exercised. Based on the facts presented, the protest was denied.