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B-185911 1 (1976-08-05)

handle is hein.gao/gaobadujk0001 and id is 1 raw text is: * 01.LER Q~ .... THE COMPTROLLER GENERAL 20 DECISION i OF THE UNITED STATES WASHINGTON., O.C. 20548 Cry I FILE: B-185911 DATE: August 5, 1976 MATTER OF: The Huffman-Wolfe Company DIGEST: 1. Where solicitation instructs bidders to insert percentage goals for minority group employment and sign applicable affirmative action plan (Atlanta Plan),.signed bid which failed to state required goals was properly rejected as nonresponsive since compliance with terms of Atlanta Plan was made matter of responsiveness, which cannot be waived as minor deviation. 2. Protest filed after bid opening-raising contention that instructions pertaining to completion of Atlanta Plan were ambiguous is untimely and not for consideration under our Bid Protest Procedures which require that pro- test based upon improprieties apparent in invitation prior to bid opening must be filed prior to bid opening. An invitation for bids (IFB) on project No. 101 was issued by the Veterans Administration (VA) for construction work incident to the boiler plant renovation in the VA hospital in Decatur, Georgia. Bids were opened on January 20, 1976. The three lowest bids re- ceived were: The Huffman-Wolfe Company (Huffman.-Wolfe) at $584,000; Pitts Industrial Piping, Inc., at $589,500; and Paul W. Heard & Co.-: at $597,777. Eight higher bids were received. The IFB contained a Notice to Bidders, which required that appendix A of the Atlanta Plan, the applicable affirmative action plan (AAP), must be completed, signed and returned by the bidder by the time set for opening of bids. Failure to comply with this direc- tive was stated to require rejection of the bid as nonresponsive. The Notice to Bidders also indicated that: The Atlanta Plan is currently being revised. The present Atlanta Plan is extended until the pro- posed Revised Atlanta Plan becomes effective. The goals in appendix A for the final year of the plan (July li 1974 until June 30, i975) will be applicable to this contract. --.1 -

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