B-218238, MAR 11, 1985, 85-1 CPD 302

B-218238: Mar 11, 1985

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PROTEST IS DISMISSED WHERE THERE IS NO EVIDENCE TO INDICATE THAT AGENCY'S REQUEST FOR INFORMATION CONCERNING THE EXPERIENCE OF THE PROTESTER BEFORE ISSUING SOLICITATION HAS BEEN USED OR IS INTENDED TO BE USED AS A PREQUALIFICATION TO EXCLUDE PROTESTER FROM COMPETITION. (SECURITY) PROTESTS THAT PROSPECTIVE BIDDERS ARE REQUIRED TO PAY FOR THE BID PACKAGE FOR INVITATION FOR BIDS (IFB) NO. THERE IS NO EVIDENCE THAT THE PROCURING ACTIVITY HAS USED THE PROVISION OR INTENDS TO USE THE INFORMATION AS A PREQUALIFICATION TO EXCLUDE SECURITY FROM COMPETITION.

B-218238, MAR 11, 1985, 85-1 CPD 302

FEES - SERVICES TO THE PUBLIC - CHARGES - FURNISHING SOLICITATION DOCUMENTS DIGEST: 1. CONTRACTING AGENCY MAY PROPERLY CHARGE FOR SOLICITATION DOCUMENTS TO COVER COSTS OF PROVIDING DOCUMENTS. CONTRACTS - PROTESTS - ALLEGATIONS - UNSUBSTANTIATED 2. PROTEST IS DISMISSED WHERE THERE IS NO EVIDENCE TO INDICATE THAT AGENCY'S REQUEST FOR INFORMATION CONCERNING THE EXPERIENCE OF THE PROTESTER BEFORE ISSUING SOLICITATION HAS BEEN USED OR IS INTENDED TO BE USED AS A PREQUALIFICATION TO EXCLUDE PROTESTER FROM COMPETITION.

SECURITY SERVICE INC:

SECURITY SERVICE INC. (SECURITY) PROTESTS THAT PROSPECTIVE BIDDERS ARE REQUIRED TO PAY FOR THE BID PACKAGE FOR INVITATION FOR BIDS (IFB) NO. DABT39-85-B-0080, ISSUED BY THE DEPARTMENT OF THE ARMY, AND TO INCLUDE WITH THEIR REQUEST FOR A BID PACKAGE INFORMATION OF PREVIOUS AND ONGOING WORK RELATING TO THE CONTRACT REQUIREMENTS.

WE SUMMARILY DISMISS THE PROTEST UNDER SECTION 21.3(F) OF OUR BID PROTEST REGULATIONS, 49 FED.REG. 49,417, 49,421 (1984) (TO BE CODIFIED AT 4 C.F.R. SEC. 21.3(F)), FOR FAILURE TO STATE A VALID BASIS FOR PROTEST.

OUR OFFICE HAS HELD THAT A CONTRACTING AGENCY MAY PROPERLY CHARGE FOR SOLICITATION DOCUMENTS TO COVER THE COSTS OF PROVIDING THEM. W.B. JOLLEY, B-209933, JUNE 6, 1983, 83-1 CPD PARA. 609.

FURTHER, WHILE THE AGENCY HAS REQUESTED INFORMATION CONCERNING THE EXPERIENCE OF THE REQUESTOR, THERE IS NO EVIDENCE THAT THE PROCURING ACTIVITY HAS USED THE PROVISION OR INTENDS TO USE THE INFORMATION AS A PREQUALIFICATION TO EXCLUDE SECURITY FROM COMPETITION.

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