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B-186211 1 (1976-08-26)

handle is hein.gao/gaobaddgr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ~A OF THE UNITED STATES VWASHINGTON, O.C. 20548 C(39~ FILE: B-186211 DATE: August 26, 1976 MATTER OF: R & T Construction Co., Inc. DIGEST: Determination that low bidder was nonresponsible based on poor performance under prior contracts is not subject to objection because determination of responsibility primarily rests with contracting agency and record does not show an abuse of such discretion. Cumulative effect of performance deficiencies noted in record unduly increased burden of administration from agency's standpoint. Invitations for bids (IFBs) Nos. DHCD-DA-2112 and DHCD-DA-2114 were issued by the Department of Housing.and Community Development (DHCD) of the District of Columbia Government for demolition and site clearance work in the Shaw School Urban Renewal Area of Washington, D.C. The R & T Construction Company, Inc. (R & T) was found to be low bidder. However, the contracting officer, after determining that R & T's performance on prior contracts had been unsatisfactory and that R & T therefore was not a responsible prospective contractor, awarded the contracts to the second low .bidders. The contracting officer's determination was based upon R & T's poor performance under contracts awarded by DHCD for the razing of buildings similar to those to be razed under the subject con- tracts. The poor performance included failure to.perform in a timely manner making it difficult for DHCD to determine in advance when the work would be finished so that other redevelopment activi- ties could be expeditiously undertaken; the unorthodox method of operation of the contractor that created serious safety problems; and R & T's inability to work responsibly with members of DHCD particularly in its unresponsiveness to instructions, directions, and requests of DHCD staff charged with administering such work. After the contracts were awarded, R & T protested on the grounds that DHCD has an inherent bias against it which is reflected in the arbitrary and capricious actions of DHCD person- nel. R & T admits that it was late in performing two contracts. - 1 -

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