B-164706, AUG. 27, 1968
Highlights
DRIVER: ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF ENGEN TRUCKING SERVICE. WHILE WE HAVE CONCLUDED THAT THE AWARD AS MADE BY YOUR AGENCY WAS PROPER. IT SHOULD BE NOTED THAT THE PROTEST WAS ENGENDERED PRIMARILY BY USE IN THE INVITATION OF THE "QUALIFICATIONS OF BIDDERS" CLAUSE. ALTHOUGH OUR DECISIONS HAVE RECOGNIZED THE NECESSITY FOR USE OF SUCH CLAUSES IN THE PROCUREMENT OF HIGHLY SPECIALIZED SERVICES OR SUPPLIES (SEE 43 COMP. WE HAVE CONSIDERABLE DOUBT RELATIVE TO THE NECESSITY FOR.
B-164706, AUG. 27, 1968
TO MR. DRIVER:
ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF ENGEN TRUCKING SERVICE, NC., AGAINST THE AWARD OF A CONTRACT TO INDUSTRIAL AND COMMERCIAL WASTE REMOVAL COMPANY (INDUSTRIAL) MADE BY YOUR AGENCY ON JUNE 17, 1968, UNDER INVITATION FOR BIDS NO. 69-5.
WHILE WE HAVE CONCLUDED THAT THE AWARD AS MADE BY YOUR AGENCY WAS PROPER, IT SHOULD BE NOTED THAT THE PROTEST WAS ENGENDERED PRIMARILY BY USE IN THE INVITATION OF THE "QUALIFICATIONS OF BIDDERS" CLAUSE. ALTHOUGH OUR DECISIONS HAVE RECOGNIZED THE NECESSITY FOR USE OF SUCH CLAUSES IN THE PROCUREMENT OF HIGHLY SPECIALIZED SERVICES OR SUPPLIES (SEE 43 COMP. GEN. 275; 39 ID. 173; 37 ID. 196), WE HAVE CONSIDERABLE DOUBT RELATIVE TO THE NECESSITY FOR, OR PROPRIETY OF, INCLUDING QUALIFICATION REQUIREMENTS IN AN INVITATION FOR BIDS TO SUPPLY SUCH SERVICES AS GARBAGE COLLECTION, ESPECIALLY WHERE, AS IN THE INSTANT CASE, THE SUCCESSFUL BIDDER MUST BE LICENSED BY A MUNICIPAL CORPORATION TO PERFORM THE REQUIRED SERVICES. YOU MAY THEREFORE WISH TO CONSIDER THE ADVISABILITY OF REVIEWING YOUR ADMINISTRATION'S PROCEDURES IN THIS AREA.
AS REQUESTED, WE RETURN HEREWITH THE FILE SUBMITTED WITH THE REPORT OF THE DIRECTOR OF THE SUPPLY SERVICE.