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B-201697 1 (1983-03-18)

handle is hein.gao/gaobadkyg0001 and id is 1 raw text is: 


                       7 THE COMPTROLLER GENERAL
 DECISION               . OF THE UNITED STATES
                         WASHINGTON, 0. C. 20548



 FILE:                         DATE'
          B-201697                   March 18, 1983
MATTER OF:
             Guarantee Electrical Company


DIGEST:

I.   Generally, in both direct Federal procure-
     ments and grantee procurements a bid
     guarantee requirement is material as it
     protects the contracting agency's financial
     interest in having the low bidder sign the
     contractual documents and a bid accompanied
     by a bond for less than the required amount
     must be rejected as nonresponsive. Where,
     as here, however, the award is to be made on
     the basis of minority business enterprise
     (MBE) participation rather than on low price
     an inadequate bid bond may be waived by the
     grantee as it has no financial interest
     which can be protected by the bond.

2.   Since bidders under grantee procurement were
     required to state whether they met MBE goal
     in order to qualify for MBE award pref-
     erence, a bid that failed as initially
     submitted to offer any minority business
     participation, may not be modified by the
     bidder's subsequent submission of a proposed
     minority subcontractor.

3.   GAO does not conduct investigations of
     grantee procurements under grant review
     procedures. Complainant is required to
     furnish full information regarding pro-
     curement deficiencies alleged, and not
     simply express its suspicion that grantee
     may have violated applicable procurement
     procedures.

     Guarantee Electrical Company complains of the
award of contracts for electrical renovation work at
the Beecher Terrace housing project to Cottoner Elec-
trical Construction, Inc. and a joint venture composed
of Standard Electric Co., Inc. and Craven Electric Co.,


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