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B-203606 1 (1981-09-14)

handle is hein.gao/gaobadjsk0001 and id is 1 raw text is: 1THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES ; WASHINGTON, 0. C. 20548 FILE: B-203606 DATE: September 14, 1981 MATTER OF: W.T. Pengelly Corp. DIGEST: Complaint filed after bid opening against propriety of minority business enterprise provisions in grantee's invitation for bids is dismissed because the complaint concerns an alleged solicitation defect, which was or should have been apparent before bid opening. W.T. Pengelly Corp. (Pengelly) complains against the minority business enterprise utilization pro- visions contained in invitation for bids (IFB) No. TX-05-0046-003 issued by VIA Metropolitan Transit (VIA) for phase V of a bus yard improvement project in San Antonio, Texas. The project is 80 percent funded by the Urban Mass Transportation Administration, Department of Transportation (UMTA). The I1FB set a 23.3-percent goal for utilization of minority business enterprises. The IFB stated that if any competitor offering a reasonable price meets that goal, VIA would presume conclusively that all competitors that failed to meet the goal have failed to exert sufficient reasonable efforts and, consequently, would be ineligible for award. Pengelly submitted the low bid of $166,165.75; the awardee, Rams Contracting & Supply Co., dba American Contracting & Supply Company and Frank Ramsey, Jr. (ACS), submitted the second low bid at $202,599.50; the third low bid was $239,876.54. VIA determined that these three lowest bids were reasonably priced. Neither Pengelly's bid nor a subsequent VIA request for documentation demonstrated compliance with the minority business requirement. Therefore, T3 ,_

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