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B-189073 1 (1977-10-07)

handle is hein.gao/gaobadfei0001 and id is 1 raw text is: huth YdeUriend Proc. I . E I'O THE COMPTftOLLER GENERAL DECISION11 * OP THr uVITUD ar. WASHINGTON. D. C. a: FILE: B-189073 DATE: October 7, 3.97[ I1 MATTER OF: Regiona1 Construction Company, Inc. DIGEST: Failure of low bidder to submit separate sheet listing percentage goals for minority manpower utilization does not render bid nonresponsive since bidder aunmitted letter attached to bid wW(cb expressed commitment to affirmative action plan, which contained unich goals, and issue of responsiieness is measured by bidder's commit- ment to plan and not by bidder's failure to accurately follow instrurtions of IFE. Regional ConstructionCompany (Regional) of Elk Grove Village, Illinois, protests the rejection ol its bid submitted in response to iivitatian for bids (IFB) No. DAA45-77-B-0034, issued by the Department of the Army, Corps- ofEngineera (Army), Omaha, Nebraska, for the construction of a warehoiseist Chicago - O'Hare International Airport. Regional's bid was determned to be nonresponsive for its failure to submit minority manpower utilization goals which were required by th2 IFB in accordance with the Chicago Plan, a mandatory affirmative action plan imposed by the Department of Labor. Regional arires that its bid was responsive and that as the lowest bidder it should have been awarded the contract. The IFB lisied the trades contemplated to be used in the project and the permissible range of percentage goals for the utilization of minority manpower within each of the covered trades. Each bidder was required to select goals from these liars and submit them with its bid. While pages 4 and 5 of the IFB repeated the list of the trades no space was provided in the bid form itself for ihe bidder to list its goals and thus in order to comply with this requirement, the bidder either had to take apart the IFB or make a photocopy of these pages. When bids were opened on April 6, 1977, six of the 12 bids received were determined to be nonresponsive for failure to meet the affirmative action requirements of the IFB. The lowest bidder was permitted to withdraw due to a mistake in its calculations and when Regional's bid was determined to be nonresronsive, the Army awarded the contract L- -

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