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B-191290 1 (1978-03-09)

handle is hein.gao/gaobadfty0001 and id is 1 raw text is: LIN- THE COMPTROLLER GENERAL DECIUION . . OP TH UNITED L TATES S * MMINGTON, D. C, ROS48 FILE: B-191290 DATE: Mach 9, 178 MATTER OF: Colonie Builders, Ir.c./Norflor Construction Corp.. A Joint Venture DIGEST: Request for review of procurement under grant solicitation involving 10-percent minority busineas enterprise provision of Pnblic Works Employment Act of 1977, which is subject of conflicting U.S. District Court opinions, will not be considered until matter is finally resolved by courts. Colonie Builders, Inc./Norflor Construction Corp., A Joint Venture (Colonie/Norflor) , has protested the pro- posed award of a contract for additions and alterations to the Poultney, Vermont, High School, financed by a Ped- eral grant from the Department of Commerce, Economic Development Administration. Colonie/Norflor contends thatfthe bid of the ap- parent low bidder is nonresponsive due to noncompliance with minimum minority business enterprise requirements. This concerns section 106(f)k2) of the Public Works Employment Act of 1977, which requires bidders to have 10 percent of a fcderally fund'd project performed by a Minority Business Enterprise (MBE). The MBE provision of the 1977 act has been the sub- ject of conflictihg Unitid States District Court opinions. See As3ociate&General Contractors of California v. Secretary of Commerce, U.S. District Court for the Cen- tral District of California, Civil Action No. 77-3738-AAH, October 31, 1977, and Constructors Association of Western Pennsylvania v. Kreps, U.S. District Court for the Western District of Pennsylvania, Civil Action No. 77-1035, October 13, 1977. The California decision has been appealed to the United States Supreme Court. II

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