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B-204923 1 (1981-12-14)

handle is hein.gao/gaobadjxs0001 and id is 1 raw text is: D C90' THE COMPTROLLER CIEIIRAL DECISIO OF TWE UNITED STATI96 WAFPi HNG TOD N .C, 2 0 5 4 V FILE; B-204923 DATE: December 14, 1581 MATTER OF: L & L Electrical Service, Inc. DIGEST; GAO will not review the merits of a potential subcontractor's complaint against a grantee's dotermination that the complainant was not an eligible minority business enterprise, This is a matter of grant administration cognizable by the grantor agency, not GAO. L & IeElectrical Service, Inc, (Lsi), complains auainst the determination made by the Metropolitan Atlanta Rapid Transit Authority (MARTA) that L&L is not an eligible minority business enterprise (MBE) for purposes of a subcontract award on project No. CN 430. Since the project is funded in part by a grant from ' the Department of Transportation, Urban Mass Transpor- tation Administration (UMTA), L&L ruquests that our Office review MARTA's determination in accord with our public notice entitled, Review of Complaints Con- cerning Contracts Under Federal Grants, 40 Fed. Heg. 42406, September 12, 19759 Since UMTA has an estab- l, iished procedure under which L&L may seek review of ZARTA's determination and L&L's appeal is penadir:g , before the proper forum, we will not review the merits , of L&L's complaint. For prior MARTA projects, L&L had been certified by MARTA as eligible to participate as an MBE. For project No. CN 430, involving earthwork and construc- tion of a certain tunnel line, L&L and another elec- trical contracting firm, acting in joint vcnture, submitted a subcontract bid to one of tVj bidders, Granite City Construction (Granite). MARTA deter- J .mined that Granite submitted the low, responsive bid but that Granite was not eligible for award unless Granite replaced L&L because, in MARTA's view, L&L did not qualify as an MBE. Specifically, MARTA A' II £9 a~%' b*19 trW tU Sf..1 ~'I .4 ~* * fl 13 ~4Y~ - *~1a~ .y r'~ prrtr.~nVt.wrt.~Ys.rc.dw~t.rnYserw , - * A p 4 A

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