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Graves Construction, Inc.

B-294032 June 29, 2004

Protest:

Graves Construction, Inc. protests the award of a contract to The Krog Corporation under request for proposals (RFP) No. DE-RP09-03SR22262, issued by the Department of Energy (DOE) for the construction of a steel-reinforced, concrete vault structure known as Glass Waste Storage Building No. 2 in Aiken, South Carolina. Graves contends that Krog was not eligible for award because, at the time of award, Krog was not a licensed contractor in South Carolina and was not registered in the Central Contractor Registration (CCR) database. The protester also contends that Krog is not a qualified small business concern because of Krog's alleged improper affiliation with its large business teaming partner, and further maintains that the agency has acted in bad faith in various respects.

Decision:

We deny the protest

Decision Summary:

1. Solicitation provision calling on "contractor" to have specified state license establishes a general performance requirement, not a prerequisite for award.

2. Although agency failed to verify whether proposed awardee was registered in Central Contractor Registration (CCR) database prior to award as required by solicitation, protester was not prejudiced as a result given that, even if agency had been aware of the awardee's lack of registration prior to award, the Federal Acquisition Regulation expressly allows contracting agency to delay award until after the awardee has registered in the CCR database, and the record shows that the awardee in fact did register in the CCR database shortly after award.
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Article Details
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Publication:General Accounting Office Reports & Testimony
Geographic Code:1USA
Date:Aug 1, 2004
Words:242
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