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B-185169 1 (1977-03-01)

handle is hein.gao/gaobadekh0001 and id is 1 raw text is: THU QMMPTWOLLON WNPA DECISION OP THE UNITEoD STATunE WASHINGTON. a.C. *CU4U 0 PILE: 3-185169 DATE: March 1, 1977 MATTER OP:Volpe Construction Compeny, Inc. DIGEST: 1. Where bidder contacts grantee to ascertain legal citation to local court decision concerning listing of suppliers in bid, grantee was not obligated to issue amendment to IF3 advising all bidders of court decision, which was matter of public record. 2. Acceptance of bid by grantee, which bid listed multiple suppliers' for certain items, is not objectionable where controlling State law approved of such acceptance and there- fore grantee's action had rational basis. Volpe Construction Company, Inn. (Volpe), has requested our review of the award of a contract to the S. A. Healy Company (Mealy) by the Washington Suburban Sanitary Comission (WSSC) for the construction of phase I of the Piscataway Wastewater Treatment Plant. The plant isbeing constructed with funds under a grant f'om the Envir6niitl Protection Agency (EPA) pursuant to the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500). Under the terms of the grant, &TA funds 75 percent of the estimated total eligible project cost. -The invitation for bids (IFB) contained a seCtion whcrein bidders were to indicite selected equipment suppliers. The IPB listd 24 items of equipaent followed by a list of approved suppliers. For some of the items there was only one approved supplier but for the aiijority of items, between two and six approved suppliers wera listed. In its bid, Healy, in the space provided on the bid form, listed all of the approved suppliers for all 24 item insteud of only lilting one suppl4rsr. Volpe's request for our revie is based on the )llegation that the above action by Healy rLvd4red its bid nonraspondive. Velpe'further conteids that the invitation Mian defective in failing to advise bidders of the Norair Engineering Corporation v. ,Washington Suburban Sanitary C:missian decision of the Circuit Court for Prince George's County, Maryland (Law No. 57,579, October 18, 1974). These contentions were rejected in a deter- mination tasued on October 15, 1975, by the Regional Administrator, EPA, Region III,'pursuanr to 40 C.F.R. 5 35.939 (1975). P-I1N- '. I

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