B-206569, MAR 19, 1982
Highlights
THAT IS. THE AGENCY WAS NOT REQUIRED TO REJECT A BID MERELY BECAUSE THE REQUIRED DOCUMENTATION WAS NOT FURNISHED WITH THE BID. THE PROTEST IS SUMMARILY DENIED.
B-206569, MAR 19, 1982
DIGEST: THE BIDDER'S COMPLIANCE WITH SPECIFIC PRIOR EXPERIENCE AND TRAINING REQUIREMENTS FOR A HOSPITAL CUSTODIAL SERVICES CONTRACT INVOLVES A MATTER OF RESPONSIBILITY, EVIDENCE OF WHICH MAY BE SUBMITTED AFTER BID OPENING REGARDLESS OF SOLICITATION LANGUAGE REQUIRING ITS SUBMISSION WITH THE BID.
MARK DUNNING INDUSTRIES, INC.:
MARK DUNNING INDUSTRIES, INC. (MDI) HAS FILED A PROTEST CONCERNING THE ANTICIPATED AWARD OF A CONTRACT FOR HOSPITAL CUSTODIAL SERVICES AT FORT MCCLELLAN, ALABAMA UNDER ARMY INVITATION FOR BIDS (IFB) NO. DABT02 82-B- 0036. MDI CONTENDS THAT THE ARMY SHOULD NOT AWARD A CONTRACT TO ANY BIDDER WHO FAILED TO SUBMIT WITH ITS BID EVIDENCE OF ITS COMPLIANCE WITH SPECIFIC EXPERIENCE REQUIREMENTS LISTED IN THE IFB. WE SUMMARILY DENY THE PROTEST.
THE IFB REQUIRED THE BIDDER TO SUBMIT CERTAIN INFORMATION CONCERNING THE BIDDER'S QUALIFICATIONS WITH THE BID, INCLUDING A CERTIFIED STATEMENT THAT THE BIDDER HAD AT LEAST 24 MONTHS OF HOSPITAL EXPERIENCE WITHIN THE PRECEDING 48-MONTH PERIOD AND THAT THE BIDDER WOULD EMPLOY AN EXECUTIVE HOUSEKEEPER WHO HAD A SPECIFIED LEVEL OF TRAINING AND A MINIMUM OF ONE YEAR OF ACTUAL EXPERIENCE SUPERVISING A HOSPITAL HOUSEKEEPING MANAGEMENT PROGRAM WITHIN THE PRECEDING THREE YEARS. THE IFB WARNED BIDDERS THAT FAILURE TO COMPLY WITH THE SUBMITTAL REQUIREMENTS MAY RESULT IN THE REJECTION OF THE BID.
THESE REQUIREMENTS INVOLVE BIDDER RESPONSIBILITY, THAT IS, THE ABILITY OF THE BIDDERS TO PROVIDE ADEQUATE CONTRACT PERFORMANCE. SEE A.R.&S. ENTERPRISES, INC., B-201924, JULY 7, 1981, 81-2 CPD 14. DOCUMENTATION BEARING ON A BIDDER'S RESPONSIBILITY MAY BE FURNISHED AFTER BID OPENING, REGARDLESS OF LANGUAGE IN THE IFB REQUIRING ITS SUBMISSION WITH THE BID. SEE BRUNO-NEW YORK INDUSTRIES CORP., 59 COMP.GEN. 512 (1980), 80-1 CPD 388; PAUL N. HOWARD COMPANY, B-199145, NOVEMBER 28, 1980, 80-2 CPD 399. THEREFORE, THE AGENCY WAS NOT REQUIRED TO REJECT A BID MERELY BECAUSE THE REQUIRED DOCUMENTATION WAS NOT FURNISHED WITH THE BID.
THE PROTEST IS SUMMARILY DENIED.