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B-184463 1 (1976-06-15)

handle is hein.gao/gaobaddkk0001 and id is 1 raw text is: 4~e ~THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES VWASHINGTON, OD.C. 20548 q ?8- FILE: B-184463 DATE: June 15, 1976 MATTER OF: The Pulse Companies, Inc. OIGEST: 1. Bidder's isolated failure, on prior contract, to pay employees wages required by Service Contract Act and to pay withholding and social security taxes for its employees is not sufficient reason to support determination by con- tracting officer that bidder was not responsible because of lack of business integrity since there is no evidence of recent wage underpayments, restitution has been made, and withholding income and social security taxes have been paid. 2. Deficiencies reported in inspection report concerning bidder's equipment, facilities and personnel relate to bidder's capacity and, thus, cannot be used to support a determination of non- responsibility based on reasons other than lack of capacity and credit. By letter of February 4, 1976, The Pulse Companies, Inc. (Pulse) (previously called Pulse Ambulance Service), protested the rejection of its bid submitted in response to invitation for bids (IFB) 671-3-76, issued by the Chief, Supply Service, Audie L. Murphy Memorial Veterans Hospital, San Antonio, Taxas, for the furnishing of ambulance service for the period July 1975 through September 30, 1976. This is the second time that Pulse's bid 1as been rejected in connection with IFB 671-3-76, s well as tEa econd protest lodged in connection with the invlterion. The ±rst rejection was for reasons which went to the capacity of Pulse, to perform. Since the firm is small business, we adv.ised the Veterans Administration (VA) that the question of Pulse's responsiility should be submitted to the Small Business Administration (SBA) for the possible issuance of a certificate of competency (COC) as required by section 1-1.708 (1964 ed. amend. 71) of the Federal Procurement Regulations (FPR). Pulse Ambulance Service; Don's Ambulance Service, Inc., B-184463, November 4, 1975, 75-2 CPD 278. We also advised the VA that if the contracting officer had reason to believe that Pulse lacked business - 1 -

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