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B-186426 1 (1976-09-27)

handle is hein.gao/gaobadcxy0001 and id is 1 raw text is: 



                   Ot LER C        ~

                 L       1THE COMPTROLLER GENERAL
DECISION                     OF   THE UNITED STATES
                             WASHINGTON. D.C. 20548




FILE:  B-186426                    DATE:   September 27, 1976

MATTER OF: Zinger Construction Co., Inc.


DIGEST:


      Where SBA declines to appeal contracting officer's
      determination of nonresponsibility as to bidder's
      tenacity, perseverence or integrity, GAO will not
      review the contracting officer's determination in
      the absence of a compelling reason to justify such
      review, such as a showing of bad faith or fraud by
      procuring officials.


      The U.S. Army Engineer District, New York, issued invitation
  for bids DACA51-76-B-0039 for water quality monitoring facilities
  at Picatinny Arsenal, Dover, New Jersey. The bids were publicly
  opened on March 24, 1976. The three lowest responsive bidders
  were:

      Zinger Construction Co., Inc. (Zinger)  $278,228
      Stellar Manufacturing Co.                290,405
      Birch-Mont, Inc.                         295,000

      During his pre-award survey, the contracting officer made a
  determination pursuant to ASPR § 1-903.1(iii) (1975 ed.) that Zinger,
  a small business concern and apparent low bidder, lacked the tenacity
  and perseverence to perform the contract. The contracting officer's
  determination was based on unsatisfactory performance ratings given
  Zinger for work performed for the Corps District on other contracts.

      In accordance with ASPR § 1-705.4(c)(vi) (1975 ed.) the Corps
  informed the Regional Manager of the Small Business Administration
  (SBA) and the Army Small Business Advisor of the contracting officer's
  nonresponsibility determination. The Assistant Regional Director of
  the Small Business Administration subsequently notified the District
  Engineer that SBA would not appeal the nonresponsibility determination
  pertaining to Zinger.


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