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B-214173 1 (1984-02-10)

handle is hein.gao/gaobadlnn0001 and id is 1 raw text is: 

                            THE COMPTROLLER GENERAL
    DECISION      .         OP THE UNITEO STATES,
                          , WASHINGTON. O.C. 204U




    FILE:     B-214173            DATE: February 10, 1984

    MATTER OF: Jack Goncalves & Sons, Inc.


    DIGEST:

    Grant complaint challenging the capability of the
    awardee to provide certain materials and services
    at a particular price relates to a matter of
    responsibility which will not be reviewed absent a
    showing that the contracting agency acted fraud-
    ulently or in bad faith.

    Jack Goncalves & Sons, Inc. (Goncalves), complains
against award of a contract to C & G Contractors, Inc.
(C&G), under a solicitation issued by the City of Spring-
field, Massachusetts, Department of Public Works, pursuant
to a block grant from the Department of Housing and Urban
Development, for construction of a sanitary sewer system.

     We dismiss the complaint.

     Goncalves contends that C&G offered calcium chloride at
a price of $0.01 per pound and trench excavation and
sheeting at a price of $0.01 per cubic yard, and that C&G
cannot in fact provide these materials and services at the
above prices. Goncalves alleges that calcium chloride costs
approximately $0.08 per pound and that the costs for pro-
viding trench excavation and sheeting include provision of a
backhoe or excavator by the hour plus union scale pay for
the operator at $16.94 per hour which would make the cost of
trench excavation and sheeting more than $0.01 per cubic
yard. Goncalves further argues that the project manager was
or should have been aware that C&G could not perform at the
above prices and that the project manager's affirmative
determination of C&G's responsibility was thus tantamount to
fraud.

     Goncalves' allegations relate to C&G's responsibility.
This Office will not review an affirmative determination of


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