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B-191531 1 (1978-04-25)

handle is hein.gao/gaobadfyw0001 and id is 1 raw text is: a J. THE COMPTROLLEN UENENAL DECISIOIN . Ujd,- . oF THE UNITED STATUE WASHINGTON, 0.0. 50543 FILE: 3-191531 DATE: April 25, 1978 MATTER OF: Solar Electrical Construction Corporation DIGEST: Request for review of procurement by grantee involving 10-percent minority business enterprise provision of Public Wbks Employment Act of 1977, which is subject of conflicting U.S. District Court decisions, will not be considered until litigation is finally resolved. Solar Electrical Construction Corporation (Solar) has requested that we review the award of a contract to E.G. Sawyer Company by the City of Boston, Massachusetts, under a grant from the Economic Developmint Adminihtration, Department of Commerce. Solar believes that thE award may have violate' the 10-perce't minority business enterprise (MBE) participstion requirement established by section 103 of the Public Works Employment Act of 1977, Public Law 95-28, enacted May 13, 1977, 91 Stat. 117. The KBE provision of the act has been the subject of conflicting United States District Court decisions. See Associated Gheral.Contractors of California v. Secretary of.Commerce, 441 F. Supp. 955 (C.D. .Ca1., 1977) and ionstructors Association of Western Pennsylvania v. Kreps, 441 F. Supp. 956 (W.D. Pa., 1977). The California decision has been appealed to the United States Supreme Court. inlight of these developments, our Office has taken the position that we will rot review complaints concerning compliancc with the MBE provision until the litigation s.finally resolved. See Campanella Corporation, 8-190601, December 27, 1977, 77-2 CPD 507; Just-Tran Construction, Inc., B-191101, January 31, 1978, 78-1 CPD 88; and Capital-York Constructnia Corp. and J.N. Futia Co., inc., B-190647, February 1, 1978, 78-1 CPD 96. - 14 II

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