B-212969, OCT 3, 1983
Highlights
DIGEST: WHEN SOLICITATION DOES NOT REQUIRE BIDDER TO HAVE A SPECIFIC LICENSE. THE BASIS OF G.I.'S PROTEST IS THAT INTERSTATE DOES NOT POSSESS THE NECESSARY OPERATING AUTHORITY FROM THE STATE THAT ALLOWS IT TO PROVIDE THE MOVING SERVICES REQUIRED UNDER THE SOLICITATION. WE HAVE BEEN INFORMALLY ADVISED THAT THE SOLICITATION CONTAINS ONLY A GENERAL LICENSING REQUIREMENT MAKING IT THE OBLIGATION OF THE CONTRACTOR TO COMPLY WITH ANY NECESSARY LICENSING REQUIREMENTS. COMPLIANCE WITH APPLICABLE STATE AND LOCAL LICENSING REQUIREMENTS IS GENERALLY A MATTER TO BE SETTLED BETWEEN STATE OR LOCAL AUTHORITIES AND CONTRACTORS. IT IS ONLY WHERE THE SOLICITATION REQUIRES THE BIDDER TO HAVE A SPECIFIC LICENSE THAT EVIDENCE OF HAVING OR BEING ABLE TO OBTAIN THAT LICENSE MUST BE FURNISHED PRIOR TO AWARD.
B-212969, OCT 3, 1983
DIGEST: WHEN SOLICITATION DOES NOT REQUIRE BIDDER TO HAVE A SPECIFIC LICENSE, ALLEGATION THAT SUCCESSFUL BIDDER DOES NOT POSSESS THE NECESSARY STATE OPERATING AUTHORITY TO PERMIT IT TO PROVIDE MOVING SERVICES REQUIRED BY THE SOLICITATION DOES NOT AFFECT ELIGIBILITY OF BIDDER FOR AWARD; RATHER, IT RAISES A MATTER TO BE SETTLED BETWEEN THE CONTRACTOR AND STATE AUTHORITIES, NOT FEDERAL OFFICIALS.
G.I. MOVING & STORAGE:
G.I. MOVING AND STORAGE PROTESTS THE AWARD OF A CONTRACT TO INTERSTATE MOVING & STORAGE FOR MOVING SERVICES IN THE DENVER, COLORADO METROPOLITAN AREA UNDER SOLICITATION NO. 14-08-0001-21524 ISSUED BY THE U. S. GEOLOGICAL SURVEY. THE BASIS OF G.I.'S PROTEST IS THAT INTERSTATE DOES NOT POSSESS THE NECESSARY OPERATING AUTHORITY FROM THE STATE THAT ALLOWS IT TO PROVIDE THE MOVING SERVICES REQUIRED UNDER THE SOLICITATION. ACCORDING TO THE PROTESTER, THE MOVING PERMIT HELD BY INTERSTATE DOES NOT INCLUDE THE AUTHORITY TO MOVE EQUIPMENT, MATERIALS, SUPPLIES, ROCKS, AND BOXES, ALL ITEMS THE CONTRACT REQUIRES TO BE MOVED.
WE HAVE BEEN INFORMALLY ADVISED THAT THE SOLICITATION CONTAINS ONLY A GENERAL LICENSING REQUIREMENT MAKING IT THE OBLIGATION OF THE CONTRACTOR TO COMPLY WITH ANY NECESSARY LICENSING REQUIREMENTS. WHILE THIS IMPOSES AN OBLIGATION ON THE CONTRACTOR, IT DOES NOT INVOLVE THE FEDERAL GOVERNMENT IN THE REQUIREMENTS OF STATE LICENSING PROVISIONS; COMPLIANCE WITH APPLICABLE STATE AND LOCAL LICENSING REQUIREMENTS IS GENERALLY A MATTER TO BE SETTLED BETWEEN STATE OR LOCAL AUTHORITIES AND CONTRACTORS, NOT FEDERAL OFFICIALS. SEE, E.G., HALIFAX ENGINEERING, INC., B-190405, MARCH 7, 1978, 78-1 CPD 178. IT IS ONLY WHERE THE SOLICITATION REQUIRES THE BIDDER TO HAVE A SPECIFIC LICENSE THAT EVIDENCE OF HAVING OR BEING ABLE TO OBTAIN THAT LICENSE MUST BE FURNISHED PRIOR TO AWARD. COMP.GEN. 51 (1973). NO SUCH REQUIREMENT APPARENTLY IS INCLUDED IN THIS SOLICITATION.
ACCORDINGLY, THE APPLICABILITY OF COLORADO PERMIT REQUIREMENTS CITED BY THE PROTESTER MAY NOT BE REGARDED AS AFFECTING THE ELIGIBILITY OF INTERSTATE TO RECEIVE AWARD OF THE SUBJECT CONTRACT.
THE PROTEST IS DISMISSED.