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B-186552 1 (1976-08-26)

handle is hein.gao/gaobaddgp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DEClSIOl X.-J). OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-186552 DATE: August 26, 1976 MATTER OF: Massachusetts College of Pharmacy - Grant DIGEST: Bidder' s failure to execute affirmative action certifica- tion as required by bid conditions does not require re- jection of signed bid where bidder specifically agreed, in Bid Form furnished by grantee, to comply with affirm- ative action requirements as set forth in bidding requirements. On April 1, 1976, the Massachusetts College of Pharmacy (College), Boston, Massachusetts, issued an invitation for bids for the renovation and expansion of its library. The pro- ject is to be partially funded by a grant administered by the Department of Health, Education and Welfare (HEW). The solicitation contained a section entitled BID CONDITIONS-AFFIRMATIVE ACTION REQUIREMENTS-EQUAL EMPLOYMENT OPPORTUNITY, which required bidders to commit themselves to either part I or part II of the bid conditions for each con- struction trade proposed to be used on the project. Part I involved a commitment to a local affirmative action plan known as the Boston Plan, while part II involved a commitment to various goals and specific steps set forth in the conditions. Part IV of the Bid Conditions stated that /f/ailure to sub- mit a Part I certification and/or a Part II affirmative action plan (or certification), as applicable, will render the bid nonresponsive. However, since the Boston Plan had expired on June 20, 1975, the Bid Conditions also advised that Ia/l crafts are subject to the requirements of Part II. Bids were opened on April 27, 1976. The low bidder was New Boston Construction Corporation (New Boston) at $566,949. The second low bidder was Thomas Construction Corp. (Thomas) at $581,787. By letter of May 18, 1976, Thomas contended to this Office that we should review the proposed award to New Boston. On May 21, 1976, award was made to New Boston. Thomas alleges that New Boston's bid was nonresponsive because New Boston did not execute the certifications under part I or part II of the Bid Conditions and did.not submit the alternate plan permissible under part I.I. - 1

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