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B-187550 1 (1977-04-27)

handle is hein.gao/gaobadsrr0001 and id is 1 raw text is: 

                       0986
                             •  THE COMPTROLLER GENERAL
     DECISION                   OF THE      UNITED      STATES.
                                WASHINGTON.           .- .. 20548




    FILE:    B-187550                  DATE: April 27, 1977

    MATTER OF:       Maywood Cab Company, Inc.


    DIGEST:



    Rejection of low bidder pursuant to contracting
    officer's determination- of nonresponsibility based
    on termination for default of similar contract
    9 months earlier was improper where no preaward
    survey had been conducted in interim and earlier
    deficiencies were easily correctable, since FPR
    § 1-1.1205-2 requires information regarding per-
    .formance capability be as current as feasible in
    relation to date of award. However, since it- would
    be prejudicial to other bidders to.attempt'to re-
    construct factors affecting -Maywood's responsibility
    as a bidder at time of award, award will not be dis-
    turbed.



    Maywood Cab Company, Inc. (Maywood), protests the award of a contract
to Bellwood-Hillside-Westchester Cab Company, Inc. (Bellwood), under
solicitation No. 578-6-T issued by the Veterans Administration (VA),
Hines, Illinois, for taxicab services.

     The solicitation was a total set-aside for small business concerns.
A total of 10 firms was solicited and bids were received from five
bidders. Bid opening was on September 15,. 1976, and Maywood was the
apparent low bidder but was determined to be nonresponsible by the con-
tracting officer for reasons of lack of tenacity andperseverance. This
determination was apparently based on Maywood's termination for default
of a similar contract in January 1976.. An up-to-date preaward survey
was not conducted on Maywood although the evidence indicates that pre-
award surveys were conducted on at least two other bidders, including.
the successful one, on September 20, 1976.






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