Mandatory office required near AFB

[Elizabeth C]

There is an RFP out now requiring the establishment of a contractor's office within 3 specific counties near the AFB where the work will take place. Does anyone have any protest or regulation knowledge I can refer to, to ask the government to reconsider this requirement?

[jjj]

Is the requirement objectionable to you?

You don't need a protest or regulation citation to ask for a solicitation amendment.

[RJ_Walther]

FAR 11.002(a)(1)(ii) says "Only include restrictive provisions or conditions to the extent necessary to satisfy the needs of the agency or as authorized by law." So, the question would be is the requirement to be within those three specific counties necessary to satisfy an actual need of the agency? It could be the case that Government employees from that base need to visit the contractor's office on a regular basis (to inspect work, or conduct meetings) and it would be prohibitively expensive and/or time consuming if it were located further away. In your example where you say that the work will take place at an AFB it is less clear what the reason might be. The deadline to do anything about it is the closing date of the solicitation so depending on how much time you have you could: 1) ask in the question and answer period what need of the agency this requirement is supporting, and suggest a different way of meeting that need, if one exists; 2) if you are past that point let the contracting officer know you are trying to decide whether to protest the solicitation (if you think they won't answer you otherwise) and ask what need of the agency this requirement is supporting, see FAR 33.103(b) "all parties shall use their best efforts to resolve concerns raised by an interested party at the contracting officer level through open and frank discussions"; 3) if you are out of time and can't think of any reason why this is a legitimate need of the agency go ahead and protest the solicitation.

[joel hoffman]

14 hours ago, Elizabeth C said:

There is an RFP out now requiring the establishment of a contractor's office within 3 specific counties near the AFB where the work will take place. Does anyone have any protest or regulation knowledge I can refer to, to ask the government to reconsider this requirement?

What is the stated required purpose of the office, if any? If not stated what would the function of the office be ? In other words, what is the actual stated requirement? 

[Vern Edwards]

14 hours ago, Elizabeth C said:

There is an RFP out now requiring the establishment of a contractor's office within 3 specific counties near the AFB where the work will take place. Does anyone have any protest or regulation knowledge I can refer to, to ask the government to reconsider this requirement?

Agencies have been including such requirements in solicitations for decades. See, e.g., Melvin Cohen & Assocs., B-B- 280634 (Comp.Gen.), 98-2 CPD P 101, 1998 WL 754371 (1998).

I know of no regulation that prohibits such requirements, but a prospective offeror may protest such a requirement to the GAO or the COFC as unduly restrictive, in which case the agency must show that the requirement is reasonable. An offeror's ability to meet such a requirement is usually considered a matter of responsibility in accordance with FAR Subpaft 9.1.

[joel hoffman]

7 minutes ago, Vern Edwards said:

Agencies have been including such requirements in solicitations for decades. See, e.g., Melvin Cohen & Assocs., B-B- 280634 (Comp.Gen.), 98-2 CPD P 101, 1998 WL 754371 (1998).

I know of no regulation that prohibits such requirements, but a prospective offeror may protest such a requirement to the GAO or the COFC as unduly restrictive, in which case the agency must show that the requirement is reasonable. An offeror's ability to meet such a requirement is usually considered a matter of responsibility in accordance with FAR Subpaft 9.1.

I agree. 

[Elizabeth C]

This program is construction related, with work taking place on base and other surrounding locations. Their need must be to ensure fast response for urgent work? It’s not clear. Feeling more like it’s to limit competition to the local favorites.

[ji20874]

Elizabeth C,

So, did you protest the solicitation requirement?