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B-189370 1 (1978-01-31)

handle is hein.gao/gaobadfqs0001 and id is 1 raw text is: I o m 1 TH3U COMPTROLLM NENERAL. DECISION . .or rw u.mUrrn ETATES S t4WAPfINOTON. D.C. 2OD4 MIT&g FILE: 73-1893 MATTER OF: ~1 I , nI~ '-4, 70 DATE: January 31, 1978 Mainline Carpet Specialists, Inc.--- Reconsideration DIGEST: Intended subcontractor's lack of acceptable affirmative action/equal employment opportunity program does not bar award of prime contract unless contracting officer is aware that sub- contractor has previously been formally notified of nonccmpliance with equal opportunity require- scnta, since applicable regulations provide that subcontractor has 120 days after award to develop an acceptable program. Maf'.nline,-Carpet Specialists, Inc. .(Mainlisle) has requestied reconsideration of 'ur decision Mainline Carpet Specialists, Inc., 8-189370, November 28, 1977, 77-2 CPD 415, which denied its protest of the award of a contract for the furnishing and installation of carpeting at the Fort Meade Officer's Club to Sears, Roebuck and Company (Sears). .*e Although the protest raised several issues, the sole issue involved here is Mainline's allegation that the award to Sears was imptoper because Alexander Smith Carpet, Sears' intended suipplier, was not in compliance with the equal opportunity and affirmative action requirements emanating from Executive Order No. 11246, 30 Fed. Reg. 12,319 (1965), as amended. The issue was not explicitly discussed in the prior decision. Pursuant to that Executive Order, the solicitation contained thetlual Opportunity clause (incorporated byreference) -set fbrth at Armed Services Procurement Regulation (ASIR) 7-103.18 (1976 ed.) and the repre- sentation required.by ASPR 7-2003.14(b)(3). By virtue of the Equal opportunity clauise, the offeror agreec to several equal employment opportunity and affirmative action provisions and in accordance with the following, to include the seme requirements in its subcontracts or purchase otders: -1 - .1 'V I

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