B-231671.2, Dec 2, 1988, 88-2 CPD 551
Highlights
PROCUREMENT - Special Procurement - Methods/Categories - Construction contracts - Determination DIGEST: Protest that contract for painting family housing is a service contract and not a construction contract subject to the bond requirements of the Miller Act is denied where the Federal Acquisition Regulation defines painting as construction. That the use of a bid guarantee is mandatory where performance and payment bonds are required. The protester alleges that this contract is primarily for painting of family housing and is therefore a service contract. Since painting is defined as construction. The painting contract is expected to exceed $25. The request for reconsideration is denied.
B-231671.2, Dec 2, 1988, 88-2 CPD 551
PROCUREMENT - Special Procurement - Methods/Categories - Construction contracts - Determination DIGEST: Protest that contract for painting family housing is a service contract and not a construction contract subject to the bond requirements of the Miller Act is denied where the Federal Acquisition Regulation defines painting as construction.
BPOA Industrial Painters-- Request for Reconsideration:
BPOA Industrial Painters request that we reconsider our decision in BPOA Industrial Painters, B-231671, Sept. 23, 1988, 88-2 CPD Para. 281, denying BPOA's protest challenging the requirement for a bid bond under invitation for bids (IFB) No. F04612-88-B-0013, issued by the Air Force for repairs and painting of the exterior of military family housing at Mather Air Force Base, California.
We deny the request for reconsideration.
Our prior decision found that the Miller Act, 40 U.S.C. Secs. 270a 270f (1982 and Supp. IV 1986) required performance and payment bonds to be included in this construction contract, and that the use of a bid guarantee is mandatory where performance and payment bonds are required. Federal Acquisition Regulation (FAR) Sec. 28.101-1 (FAC 84 12).
The protester alleges that this contract is primarily for painting of family housing and is therefore a service contract, not a construction contract.
FAR Sec. 36.102 (FAc 84-23) defines construction as "construction, alteration or repair (including dredging, excavating, and painting) of buildings, structures or other real property." Since painting is defined as construction, and the painting contract is expected to exceed $25,000, the agency had no choice but to require the submission of bid bonds. FAR Sec. 28.101-1.
The request for reconsideration is denied.