B-214173, FEB 10, 1984
Highlights
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 FRAUDULENTLY OR IN BAD FAITH. GONCALVES FURTHER ARGUES THAT THE PROJECT MANAGER WAS OR SHOULD HAVE BEEN AWARE THAT CG COULD NOT PERFORM AT THE ABOVE PRICES AND THAT THE PROJECT MANAGER'S AFFIRMATIVE DETERMINATION OF CG'S RESPONSIBILITY WAS THUS TANTAMOUNT TO FRAUD. THIS OFFICE WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT THE CONTRACTING OFFICER ACTED FRAUDULENTLY OR IN BAD FAITH. GONCALVES' ALLEGATION THAT THE PROJECT MANAGER'S DETERMINATION OF CG'S RESPONSIBILITY WAS TANTAMOUNT TO FRAUD CONSIDERING CG'S ALLEGEDLY UNREALISTICALLY LOW PRICES IS NOT SUFFICIENT TO CONSTITUTE A SHOWING OF FRAUD OR BAD FAITH.
B-214173, FEB 10, 1984
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 FRAUDULENTLY OR IN BAD FAITH.
JACK GONCALVES SONS, INC.:
JACK GONCALVES SONS, INC. (GONCALVES), COMPLAINS AGAINST AWARD OF A CONTRACT TO CG CONTRACTORS, INC. (CG), UNDER A SOLICITATION ISSUED BY THE CITY OF SPRINGFIELD, 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 CG 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 CG 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 PROVIDING 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 CG COULD NOT PERFORM AT THE ABOVE PRICES AND THAT THE PROJECT MANAGER'S AFFIRMATIVE DETERMINATION OF CG'S RESPONSIBILITY WAS THUS TANTAMOUNT TO FRAUD.
GONCALVES' ALLEGATIONS RELATE TO CG'S RESPONSIBILITY. THIS OFFICE WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT THE CONTRACTING OFFICER ACTED FRAUDULENTLY OR IN BAD FAITH. CROWN POINT COACHWORKS AND RD COMPOSITE STRUCTURES; NORTH AMERICAN RACING COMPANY, B-208694; B-208694.2, SEPTEMBER 29, 1983, 83-2 CPD 386. GONCALVES' ALLEGATION THAT THE PROJECT MANAGER'S DETERMINATION OF CG'S RESPONSIBILITY WAS TANTAMOUNT TO FRAUD CONSIDERING CG'S ALLEGEDLY UNREALISTICALLY LOW PRICES IS NOT SUFFICIENT TO CONSTITUTE A SHOWING OF FRAUD OR BAD FAITH. WE THEREFORE HAVE NO BASIS FOR REVIEWING THIS MATTER.
WE DISMISS THE COMPLAINT.