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B-186342 1 (1976-06-30)

handle is hein.gao/gaobaddcd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION J1 . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-186342 DATE: June 30, 1976 MATTER OF: F.P.D. Electric Corp. DIGEST: Where bidder signs affirmative action certification but indicates in certification that it does not intend to use any construction trade in performance of contract, bid is properly rejected as nonresponsive since at least one con- struction trade must be used to perform contract and it is doubtful that requisite commitment to affirmative action requirements of solicitation for that trade would exist upon acceptance of bid. The F.P.D. Electric Corp. (F.P.D.) protests against the rejection of its low bid of $12,990 under invitation for bids 03-6674-76, issued by the United States Coast Guard for altera- tion and installation of-electrical equipment at the Coast Guard Station, East Moriches, New York. Award of a contract has been withheld pending our decision on the protest. The solicitation contained a section entitled BID CONDI- TIONS, AFFIRMATIVE ACTION REQUIREMENTS, EQUAL EMPLOYMENT OPPORTUNITY which required bidders using one or more trades of construction employees to commit themselves to certain affirma- tive action requirements by executing a certification included in the invitation for that purpose. In paragraph 1 of the certification, bidders were to list the trades intended to be used in the work under the contract; in paragraphs 2(a) and 2(b), bidders were to indicate, with respect to each such trade, whether they would comply with a hometown plan known as the Nassau-Suffolk Plan under Part I of the Bid Conditions or would adopt the minimum minority manpower utilization goals and specific affirmative action steps under Part II of the Bid Conditions. The F.P.D. bid contained a signed certification; however, in paragraph 1, where the trades to be used were to be listed, the protester wrote None, and left paragraphs 2(a) and 2(b) blank. The contracting officer rejected the bid because he believed the certification as executed by F.P.D. did not evidence the required commitment for the trade(s) to be used to perform the contract. - 1 -

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