Link: GAO Decision
Protestor: Crown Worldwide Moving & Storage
Agency: Department of Veterans Affairs
Disposition: Protest Denied.
Where solicitation did not require submission of licenses or permits prior to award, protest that agency improperly awarded contract to firm that allegedly lacks various business licenses and permits constitutes a challenge to the agency’s affirmative responsibility determination, which this Office does not review absent exceptions not alleged here.
General Counsel PC Highlight:
Crown Moving and Storage Company, d/b/a Crown Worldwide Moving & Storage, protested the award to CG Moving Company of a task order for relocation services for the San Francisco VA Medical Center. Crown contended that CG did not hold four licenses pertinent to performance of the contract and should therefore have been disqualified from consideration for award.
The GAO pointed out that provisions in the solicitation requiring that the contractor obtain all necessary licenses and permits are performance requirements that must be satisfied during contract performance. The Bid Protest Regulations preclude the GAO’s review of an agency’s affirmative determination of a contractor’s responsibility. The GAO pointed out that, as this procurement was set aside for small businesses, any concerns regarding CG’s responsibility should have been raised with the SBA.
Offerors bear the burden of submitting adequately written proposals which comply with all requirements of the RFP. Typically, licenses and certifications are not required until after contract award. However, where the submission of necessary licenses and certifications affects the technical acceptability of a proposal, offerors must ensure that they provide the requested licenses and certifications as part of their proposal package or risk having their proposal eliminated from the competition.