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B-187407 1 (1977-03-03)

handle is hein.gao/gaobadekl0001 and id is 1 raw text is: fobert Little CP' Proe. 11 st THE COMPTROLLER GENRNAL DMCIBION . OF THE UNITED VTATES C WASHINCTON. D.C. 20545 FILE: 3-187407 DATE: treb 3P 197 MATTER OF: Prince Construction Company, Inc. DIGEST: Although bidder did not list itself in its bid as a subcon- tractor for any portion of the contract wcrk, Agency's deter- mination that bidder will perform with its on forces at least 12 percent of on-site contract work as required by clause in 17B is reasonable, since suoervisory and coordi- nating on-site work may be performed by bidder in satisfaction of 12 percent requirement as well as minor categories of work which bidder was not required to lit under subcontractor listing raquiremeut. However, clarification of clAuse is recommended for future use. Prince Construction Company, Inc. (Prince) has grotested against award of a contract to Weiss Construction Comnany (Weiss) rader reneral Services Administration invitation for bids (ITB) 1W -00B- 02815. Prince contends that Weiss' bid is nonresponsive in that It failed to provn that it will perform the reauired twelve (12%) vercent of the on-cite work. The IFB contains two clauses which affect the amount of work that contractors and subcontraictors (if named) 'jnt perform. The Performance of Work by Contractors(Perf.ormance) clause (Federal Procurement Regulations (FPR) 5 1-18.104), when part of the awarded contract, requires the contractor to perform a Percentage of work on the site u.th its ovn forces. The,Listing of Subcon.ractors (Listing) clause (41 CFR I 5B-2.202-70) requires bid'ers to name the organization or individual, including themselves, who will perform certain categories of work listed in the solicitation. In this case, the performance clause provid:-t as follows: The Contictor shall perfo .on the site, and with his cnan organizatiln, work equivalent to at least twelve percent (122) of the total amount of work to be performed under the -ontract * * *. I I