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B-275692 1 (1997-03-14)

handle is hein.gao/gaocrptafvd0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Coyle's Pest Control, Inc. File: B-275692 Date: March 14, 1997 Charles G. Coyle for the protester. Mary C. Merchant, Esq., Department of Housing and Urban Development, for the agency. Win. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Provision which imposes liability for termite damage after spot or partial treatment is unobjectionable where it reasonably relates to agency's need to ensure treatment is effective and where potential risk of liability can be addressed by bidders in their prices. DECISION Coyle's Pest Control, Inc. protests the terms of invitation for bids (IFB) No. H06S96051100000, issued by the Department of Housing and Urban Development (HUD) for subterranean termite protection of single family homes owned by HUD within the jurisdiction of its Houston office. We deny the protest. HUD issued this IFB on October 21, 1996, with a bid opening of December 10. Bidders were required to submit prices for a base year and for two 1-year options for spot (25-39 linear feet), partial (40-199 linear feet), and full (200 or greater linear feet) treatments. Under the contract, a HUD government technical representative (GTR) initially would review the termite inspection report furnished by the future or current homeowner and decide what type of treatment would be required. The contractor would be provided with the inspection report and the GTR's treatment instructions. If spot or partial treatment were ordered by the GTR, the contractor would be allowed to inspect the property to confirm the degree of infestation and the treatment required. Based on the findings of the contractor's inspection, the GTR would decide whether to modify the original treatment requested. Also, under the contract, the contractor is liable for a maximum of $5,000 for the cost of repairs should any subterranean termite damage occur during the first year after any treatment. Thirteen bids were received and opened. Award has been withheld pending resolution of the protest. 541314

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