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B-185212 1 (1976-07-12)

handle is hein.gao/gaobaddau0001 and id is 1 raw text is: *- -- . THE COMPTROLLER GENERAL DECISION d OF THE UNITED STATEB WASHINGTON. .C. 20548 FILE: B-185212 DATE: July 12, 1976 MATTER OF: Sachs Electric Company DIGEST: Bidder which signed Part I certificate as member of Topeka Plan and inserted Does not apply. under Part II which sets forth requirements for non-members of Topeka Plan is not responsive to affirmative action requirements of solicitation where bidder is not member of Topeka Plan at time of bid open- ing. Bidder's certification to Part I is not commitment to be bound to affirmative action requirements of solicitation where bid conditions require current membership in Topeka Plan as prerequisite to Government's acceptance of Part I certification. Sachs Electric Company (Sachs) has protested the rejection of its low bid as nonresponsive to the affirmative action requirements of invitation for bids (IFB) No. GS-06B-13625, issued by the General Services Administration, and'the award of a contract to the second low bidder for the construction of an integrated ceiling background system for the new Federal building, courthouse, and parking facility, Topeka, Kansas. 1 The bid conditions defined the bidder's obligation for perfor- mance of all construction work (both federal and non-federal) in the metropolitan Topeka area in that each trade to be utilized was required to be covered by the requirements of the Topeka Plan (an affirmative action program for minority manpower utilization in the construction industry in the metropolitan Topeka area), or by the minimum require- ments of a detailed affirmative action plan as dcscribed in the bid conditions. In a section of the IFB entitled Bid Conditions--Affirmative Action Requirements--Equal Employment Opportunity, bidders were required to commit themselves to either Part I or Part II of the bid conditions for each construction trade proposed to be used on the project. Part I involved a commitment to the Topeka Plan, while Part II involved a commitment to the various goals and specific steps set forth in the conditions. In Part III captioned, Certifications, bidders were to indicate their specific commitment to either Part I or Part II for each trade intended to be used. The following specific provisions of the bid conditions are relevant: PUBLISHED DECISIOlf - 1 - .55 ComLp. Gen, .....

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