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268
COMPTROLLER GENERAL OF THE UNITED STATES
WASHINGTON. D.C- 20SAB
Jess Howard ]Electric CompWy
c/o Kinced, Pamer and RandaCll
Attorneys at law
33 North High Street
Columbu, Ohio *3215
Attention: Dean W. Palmer, Esq.
Gentlemen:
We refer to your letter of September 18, 1972, and subsequent
correspondence, concerning your protest under Invitation for Bids
(IFB) No. DACA31-72-S-O02, issued by the Army Oorps of Engineers,
Baltimore, Maryland, on May 25, I972, for the installation of two
emergency generators at Gentile Air Force Base in Montgomery County,
near Dayton, Ohio.
Paragraph 25, Dayton Plan, of the supplemental Instructions to
Bidders of the IFB provided that the requirements of the Dayton Plan
(an a fMrmative action plan for minority manpower utilization in the
construction industry in Greene, Miamis Montgomery and Preble Counties,
Ohio) applied to the project; that the bidder should therefore submit
with his bid, his plan to omply with those requirements; and that
failure to submit a plan would render his bid nonresponsive,
The first part of paragraph 26 ot the supplemental Instructions
also required bidders to submit, within 5 days after a request there-
for by the contracting officer, (a) additional information about the
construction trades the bidder intended to use on the project; (b)
a list of the labor organizations with which the bidder has collec-
tive bargaining agreements and which are signtories to the Plan with
respect to trades for which specific commitments to goals of minority
manpower utilization areset forth in the Plan; (c) a list of labor
orgeanzations with which he has collective bargaining agreements and
Which are not signatories to the Plan or which are signatories thereto
but with respect to trades for which no specific commitments to goals
of minority manpower utilization are set forth in the Plan; and (d)
a list of all current construction work or contracts to which the
bidder is a party in the covered area. Paragraph 26 then provided
that a bidder should evidence his intention to comply with the re-
quirements for minority hiring in his bid either by certifying that
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