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B-185572 1 (1976-08-03)

handle is hein.gao/gaobaddjd0001 and id is 1 raw text is: C' THE COMPTROLLER GENERAL *DECISION 4 OF THE UNITED STATES 5' WASHINGTON, D.C. 20548 -Q LM9~ FILE: B-185572 DATE: August 3, 19T6 MATTER OF: Fattore Construction Company DIGEST: 1. Bidder's failure to complete appendix A, containing Washington Plan, by signing certificate and inserting goals, renders bid submitted in connection with grant award nonresponsive and may not be corrected or waived as a minor informality or irregularity, even though bid was signed and only applicable trade involved $4,000 of $1,298,125 bid. 2. Terms of Washington Plan contemplate commitment of minority hiring by prime contractor and imposition of such commitment upon subcontractors; therefore sub- contracting of work for only applicable trade does not permit correction or waiver of prime's failure to make commitment. Fattore Construction Company (Fattore) has filed a complaint against the rejection of its bid by the Washington Suburban Sanitary Commission (WSSC). The procurement, which involves the construction of a portion of the Anacostia River relief sewer system, is funded in substantial part (75 percent) by a grant from the Environmental Protection Agency (EPA) pursuant to title II of the Federal Water Pollution Control Act Amendment of 1972, Public Law 92-500. On August 19, 1975, 12 bids were received and opened. The apparent low bidder was Fattore with a bid of $1,298,125. The second low bid of $1,336,345 was submitted by Charlep F. Smith & Son, Inc. (Smith). Addendum No. 1 to the invitation for bids (IFB) required bidders to fully complete appendix A, which contained the Washington Plan for minority hiring. Fattore failed to enter a minority percentage goal for electricians required for the performance of the contract and also failed to sign appendix A. On October 9, 1975, the WSSC rejected Fattore's bid for failure to properly fill out and execute appendix A. .- 1 -

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