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B-191101 1 (1978-01-31)

handle is hein.gao/gaobadfqt0001 and id is 1 raw text is: Ai If r THER COMPTROLLER OMNHMRAL CECIUICN ., . OPTHn UNITED STATUE $ WSUMINWTDN. D.C. GO$SU rr r~r it - .4-. * -IL tic DATE: January 31, 1978 MATTEM OF: Just-Tran Construction, Inc. DIGEST: Request for review of Federal grantee's rejection of bid for alleged noncompliance with subcontractor 10 percent minority business enterprise requirement mandated by Public Works Employment Act of 1977, which cequirement is subject of conflicting U.S. District Court opinions cnd other pend- ing litigation, will not be considered in vie.w of such litigation. Just-Tran Construction, Inc. (Just-Tran) reouests review of the rejection of its bid to provide now toilet facilities for the flandicapptd at the Bronx County Building by the New York Department of Public Works, New York, New York. The procurement is funded by a grant from the Department of Commerce, Economic Development Administration. Bidders were required to subcontract 10 percent of the contracted work to a mivnrity business enter- prise (MEE). Just-Tran states that its bid was verbally rejected because it failed to provide the name of its proposed minority subcontractor, notwithstanding that it certified in the bid that it would utilize a minor- ity subcontractor. Just-Tran contends that it is the lowest bidder and 'therefore should be awarded the con- tract. The MBE provision, mandated by section 10(f)(2) of the Local Public Works Capital Development and InveEtment Act of 197C, amended by the Public Works Employment Act of 1977, .Pub. L. 95-28, has been the subject of conflicting United States District Court opinions. See Assbciated Geheral Contractors of California v. Secretary of Commerce, U.S. District Court for the Central District of California, Civil - 1- I V. - I FILE: B-191101 i I ~%.A a4 = 1~.., 6.- -

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