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B-189327 1 (1977-11-08)

handle is hein.gao/gaobadfhk0001 and id is 1 raw text is: 

                                 I






                                   Aijk  .   :i  C E0OMPTROLLER SENERAL
               DECISION        .     J    .   F  Tme    uNITEC      STATUE
                                            WASHINGTON, a          C.  2CeS

       NIT

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               FILE:      3-189327                 DATE:  November 8, 19TT

               MATTER OF:        Cramercy Contractorn, Inc.


               DIGEST:

               1. Where proteser's  allegation questions affirmativ: determinacion
                  of Subcontractor responsibility, GAO wIll not review matter,
                  except wbere fraud or misapplication of definitive responsibility
                  criteria has been alleSed.

              2.  Where formally advertised solicitation contains dupliita sub-
                  contractor listing and bid submission requirements, and low bid
                  listed two d.fferenc subcontractors on separate listirgs under
                  same work category, low bid need not be rejected 4s nonresponsive
                  since record discloses no practical opportunity to bid shop,
                  bidder was not given chance to clarify bid, and there is no
                  legal reason to precluce contracting officer from making binding
                  determination as to what was intended by bidder based on knowledge of
                  listed subcontractors.


                  Gramercy  Contractors, Inc. (Gramercy), proteits the award of a
              contract to PJR Construction Corporation (PJR) pursuant to invitation
              for bids (IFB) INY75015 - RNY 74180, issued by the General Services
              Administration (GSA), on March 29, 1977, involving repairs and
              alterations to the United States Customs Court and Federal Office
              Building in New York City.  The award was made in early August, and
              the contract is scheduled for completion 390 calendar days from the
              date of receipt of notice to proceed, which was issued August 31,
              1977.

                   The  :.FB required that the bidder submit in duplicate the bid form
              and a list of subcontractors supplement to the bid form specifyine
              the firms with whom the bidder would subcontract for each of the
              designated categories of work.  The subcontractor listing requirements
              are contained in paragraph 10 of the Special CondLtions of the IB,
              which provides in pertinent part as follows:








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