BNUMBER:  B-277428.3 
DATE:  October 8, 1997
TITLE: R.L. Ridgell Construction, Inc., B-277428.3, October 8, 1997
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Matter of:R.L. Ridgell Construction, Inc.

File:     B-277428.3

Date:October 8, 1997

Jeremy M. Griffin, Esq., Feith & Zell, P.C., for the protester.
David A. Hearne, Esq., Outland, Gray, O'Keefe and Hubbard, for C.B.C. 
Enterprises, Inc., an intervenor.
Vicki O'Keefe, Esq., and Cynthia Guill, Esq., Department of the Navy, 
for the agency.
Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General 
Counsel, GAO, participated in preparation of the decision.

DIGEST

Protest that awardee failed to meet definitive responsibility criteria 
before receiving award is denied where (1) under terms of 
solicitation, one alleged criterion was in fact a performance 
obligation that could be met after award; and (2) record indicates 
that the other criterion was met prior to award.

DECISION

R.L. Ridgell Construction, Inc. protests the award of a contract to 
C.B.C. Enterprises, Inc., under invitation for bids (IFB) No. 
N62477-97-B-3017, issued by the Department of the Navy for an 
extension to the fiber optic distribution network at the Naval Air 
Station Patuxent River and Webster Field Annex, St. Inigoes, Maryland.  
Ridgell argues that C.B.C. was improperly found responsible because it 
failed to meet definitive responsibility criteria in the IFB.

We deny the protest.

The IFB contained the following relevant provisions:

     1.4.2  Installer Qualifications

     Before installation, submit data documenting each installer's 
     experience and qualifications as specified in the following 
     paragraph.

     1.4.2.1  Certification

     The installer of the tube cable shall hold a current Air Blown 
     Fiber sub-license agreement from the tube cable manufacturer 
     before proceeding with the installation of the tube cable.  Proof 
     of certification shall be provided to the government for approval 
     prior to contract award.

     1.4.2.2  Evidence of Experience and Qualifications

     Show that the installers who will perform the work have a minimum 
     of 2 years of experience successfully installing outside cable 
     plant systems of a type and design similar to that specified 
     herein.  Include the names, locations, and points of contact for 
     at least two installations of a type and design similar to that 
     specified herein where the installer has installed such systems.  
     Indicate the type of each system, and certify that each system 
     has performed satisfactorily in the manner intended for a period 
     of not less than 12 months.

Ridgell maintains that C.B.C.'s bid did not show (1) that its 
installer possesses the required minimum 2 years experience; and (2) 
that the installer possesses a current Air Blown Fiber sub-license 
agreement from the tube cable manufacturer.  Ridgell concludes that 
C.B.C.'s bid should have been rejected.

These arguments are without merit.  First, the 2-year experience 
requirement is not a definitive responsibility criterion or other 
requirement that had to be met as a prerequisite to award.  Paragraph 
1.4.2.2 (which itself is silent as to when the required information 
must be provided) falls under section 1.4 of the IFB, entitled 
"INFORMATION REQUIRED OF THE CONTRACTOR," and under subsection 1.4.2, 
which expressly states that data documenting the installer's 
experience and qualifications is required only "before installation."  
Given this language, C.B.C. was not required to submit the installer 
information prior to award; rather, we consider the installer 
experience provision to represent a performance obligation, 
enforceable by the Navy in its administration of the contract.  See 
Southern Nevada Communications, B-241534, Feb. 11, 1991, 91-1 CPD  para.  
146 at 3.  C.B.C.'s compliance with the provision is not for 
consideration here, since we do not review matters of contract 
administration as part of our bid protest function.  Bid Protest 
Regulations, 4 C.F.R.  sec.  21.5(a) (1997); Paging Network of Washington, 
Inc., B-274052, Aug. 13, 1996, 96-2 CPD  para.  63 at 2.

Ridgell cites paragraph 6 of the IFB's Instructions to Bidders in 
support of its position that installer experience information was to 
be submitted prior to award. However, the plain language of the 
paragraph does not support Ridgell's argument.  The paragraph states 
that:

     Before a bid is considered for award, the bidder may be requested 
     by the Government to submit a statement regarding his previous 
     experience in performing comparable work, his business and 
     technical organization, financial resources, and plant available 
     to be used in performing the work.

The paragraph nowhere purports to establish a pre-award submission 
requirement for the specific installer experience and qualifications 
information required under the other IFB sections.  Indeed, the word 
"may" in the first line indicates that paragraph 6 was not intended to 
establish a requirement at all.  Rather, the paragraph apparently is 
aimed at the possible need to obtain general responsibility 
information regarding the bidder.

It does appear, as Ridgell asserts, that the sub-license certification 
requirement in paragraph 1.4.2.1 established a definitive 
responsibility criterion that C.B.C. had to meet before award.  The 
record shows that C.B.C. provided contracting officials with a copy of 
the sub-license certification of its intended installer subcontractor, 
Aidco, Inc., on August 6, 6 days prior to award.  Ridgell argues that 
this did not suffice to meet the requirement because there was no 
subcontract agreement between C.B.C. and Aidco prior to award.  
However, since the IFB did not require such a contractual arrangement 
prior to award, and did not require documentation of the legal 
relationship of the bidder and its intended installer, this fact had 
no effect on C.B.C.'s compliance with the requirement.

The protest is denied.

Comptroller General
of the United States