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B-199145.2 1 (1981-07-17)

handle is hein.gao/gaobadjok0001 and id is 1 raw text is: 

         'Ie
                    : \THE COMPTROLLER GENERAL
      DECISION 1.            OF THE UNITED      STATES
                         S WASH NGTN        0 ,C. 20546




      FILE:   B-199145.2          DATE:   July 17, 1981

      MATTER OF: Paul N. Howard Company--Reconsideration


      DIGEST:


      1. GAO affirms decision in Paul N. Howard Company,
          B-199145, November 28, 1980, 80-2 CPD 399, in
          which GAO concluded that grantees cannot
          require bidders to submit with bids names of
          firms planned to be utilized in performing
          work as a condition of responsiveness. There-
          fore, grantor's current regulation requiring
          only certification with bid is consistent with
          that decision.

       2. Bid is responsive where bidder certifies in
          its bid intention to perform work by utilizing
          percentage goal of minority subcontractors.
          Substitution of one subcontractor for another
          (whether or not listed in bid), before award,
          concerns bidder's ability to comply with terms
          of bid or bidder's responsibility; substitution
          after award concerns contract administration.
          Therefore, GAO's decision in Paul N. Howard
          Company, B-199145, November 28, 1980, 80-2 CPD
          399, correctly concluded that after bid opening
          grantee should permit reasonable substitution
          of one minority subcontractor for one listed
          in responsive low bid.

          The Department of Transportation, Urban Mass
       Transportation Administration (UMTA), requests recon-
       sideration of our decision in the matter of Paul N.
       Howard Company, B-199145, November 28, 1980, 80-2 CPD
       399. That decision concluded that the low bidder
       on a grantee solicitation should have been allowed to
       substitute a new minority subcontractor after bid
       opening. In the Howard decision, we reasoned that
       documentation bearing on a bidder's compliance




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