About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-187359 1 (1977-10-26)

handle is hein.gao/gaobadizt0001 and id is 1 raw text is: ~ Susan kerling 7 L2 - ~ THE COMPTROLLER GUNERAI. 4 CCISION N CP THE UNITED STATUE V'fr WASHINGTON, O.C. 054u N . FILE: B-18?359 DATE: October 6 19 7 MATTER OF: Assotloated, General Corntractors of Massachusetts, O Inc.. and 'C'onstruction Industries of Massachuaetts, I Inc.; Perind Corporation and King Erectors, Tnc., DIGEST: A Joint Venture GAO rull not consider complaints filed against contract Award action by grantee pursuant to Urban Mass Transpor- latiou Admiistrition grant where matter is before court of competent jurisdiction and court has not expresied .particular intezest in GA'S) vJEws. l,n'%4rIl 1977, the Masschu-set tj(Bay,.Transportati4 . Authbrity'(}fTA) issued an inlvtaion for bids for META Cotfact. 14o. SW-01(R) for -!eneral transit construction of the South Cove Tuhnel in Boston. The coTJ6ction is being coducted pursuant t' an 80 percent granitawar.ded by the Urban Mass Transit Adiin- istration (InMTA),.United States Department of Transportation, under the Urban Mase 'ratportatdon Act, 49 U.S.C. 3 1601-161U (1970 7upp,. V)9 The _ contract for the projeatcontains a .speciai Minority 'Contractor Participation Provision (special provision) setting forth k 30 percent goal for subcontracting to minority- owned businesses. I- On Ma'y 31, 1977, Associated 'enera1 Contractors r,f Massachusetts, Inc and Conctiuction Industies df Massachusetts, Inc. (ACC/CI) reinstated an earller complaint filed in this Offire rugarding the affirmativn action requirements for minority contractor participation containeC tn the IBTA contract. AGC/CIM asserts that Cie' special provision is inconsistent with basic principles of Federal procurement JAw because a bidder cannot objectively d'termine whether he h's complied with the provision and .iqcai se the prcvioion unduly 'restricts competiLion. Bids were opened on June 14: 1977; the low bid wtas submttted by Perini'Corporation aund King Erectors, Inc., A Joint Venture (Perini-King). However, Perini-King's bid was rejected.by the MBTA as nonrespbnsiVe and, on July'27, 1977, META awarded ti.? contract to Peter Kiewit Sons' Compant, the second low bidder, subject to UNTA approval. UMJTA granted its ap'proval on July 28, 1977. On -1 C I.Lp

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most