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B-185874 1 (1979-04-12)

handle is hein.gao/gaobadhcz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIONI . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: April 12, 1979 B- 18 58 74 MATTER OF: Sovereign Construction Company, Ltd.; City of Philadelphia DIGEST:g90 .t r~o IX 15.7 0 rA EPA grantee requests that GAO review EPA decision concerning acceptability of low bid under grantee procurement. Matter is dismissed, since material issue involved is before court of competent jurisdiction, which has not indicated interest in receiv- ing GAO view. The City of Philadelphia issued bid No. 2497 for the general construction and mechanical work on the Northeast Water Pollution Control Plant. The con- struction was to be conducted pursuant to a 75-percent construction grant by the Environmental Protection Agency (EPA). The low bid for.the work, submitted by Sovereign Construction Company, Ltd. (Sovereign), was rejected by the City as unbalanced. Pursuant to Sovereign's request that EPA review the City's action, an EPA Regional Administrator found that the City had acted unreasonably and directed that award be made to Sovereign. The City requested that our Office review the EPA Regional Administrator's decision. However, Sovereign filed a civil action in the United States District Court for the Eastern District of Penn- sylvania requesting the court to order the City to award the contract to Sovereign. In view of our policy not to decide matters where the material issues involved are before a court of competent jurisdiction, unless the court expresses an interest in receiving our views, 52 Comp. Gen. 706 (1973), we declined to consider the City's request. Sovereign Construction Company, Ltd.; City of Philadelphia, B-185874, March 8, 1977, 77-1 CPD 168.

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