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B-187724 1 (1977-11-10)

handle is hein.gao/gaobadfhn0001 and id is 1 raw text is: DECISICN THE COMPTROLe 'NERAL W WAG MNYGTO-0N. DCJ . 05498 PILE: B-187724 DATE: November 10, 1977 MATTEA CIF: Electrical Constructors of America, Inc. DIGEST: Where State law is unclear on close questions raised in complaint regarding procedures followed by grantee in awarding contract under grant conditions which indicate that State !.aw shall govern procurement, GAO will not superimpose its interpretation of State law and, accorilngly, finds no basis to object to award and concurrence therein by Federal grantor. Electrical Constructors of America, Inc. (El-Con), requests that GAO review the award of a contrac': by the city of Orlando, Florida, under a grant awarded by the Federal Aviation Administration of the Department of Transportation (FAA) pursuant to the Airport and irway Development Act of 1970, 49 U.S.C. If 1701-1742 (1970), as amenled by the Airporc and Airway Development Act Amendments of 1976, P.ib. L. 4o. 94-353, 90 Stat. 871, and implementing regulations at 14 C.F.R. part 152 (1976). The $2.6 million grant provides funds for approxi- mately 75 percent of the expansion and upgrading of the Orlando Jetport. The contract in question involves the installation of In- pavement airport lighting, the approximate cost of which is $.5 million. The Greater Orlando Aviation Authority (Authority) solicited bids for the project. Bids were opened on September 16, 1976. Hubbard Construction Company (Hubbard), a general contractor, sub- mitted the lowest bid at $508,856.25. El-Con, an electrical con- tractor, submitted the next lowest bid at $526,849. Three other bids from electrical cntractors were also sCamitted. On September 16, 1976, El-Con filed a protest with the city of Orlando against. the award of any contract to Hubbard. El-Con based its protest on the grounds that Hubbard's bid was nonrespon- sive, alleging that Hubbard had not complied with the bidding requirements, and that any award to Hubbard would violate the laws ani regulations governing the contract because Hubbard intended to subcontract the required electrical work to a firm I

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