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B-196296 1 (1979-10-26)

handle is hein.gao/gaobadukp0001 and id is 1 raw text is: DpIGEST ~-L - . THE COMPTROLLER GENERAL DECI:SION 0 HoF ETHE U-N ITE-D -.ST-ATE-S ?. ~~4 AWASHINGTON, D.C. 2-0548I UNITIV 734 FILE: B-I96296 DATE: October 26, 1979 MATTER OF: Herzog Contracting Corporation DIGEST: Request for review of procurement under grant solicitation involving 10-percent Minority BUsiness Enter- •prise provision of Public Works Employment Act of 1977, which is subject of conflicting United States District Court opinions and is currently before United States Supreme Court, will not be considered until matter is finally adjudicated. Herzog Contracting Corporation (Herzog) has. requested our Office's review of the low bid submitted in response to invitation No. XO-0-4-09 issued by the Mass Transit Administration, Baltimore Region Rapid Transit System, Baltimore, Maryland. The contract in question is financed in part by a Federal grant. Herzog contends that the low bidder for the project did not comply with section.106(f)(2)fof V>C the Public Works Employment Act of 1977, which 7 - ?e 7 requires bidders to have 10 percent of a federally funded project performed by a Minority Business Enterprise (MBE). The MBE provision of the 1977 act has been the subject of conflicting United States District Court opinions. -See Associated General Contractors of Californiaiv. Secretary of Commerce, 441 F. Supp. ... 955 (C.D. Cal. 1977); Constructors Association of Western Pennsylvaniaiv. , 441 F. Supp. 936 (W.D. Pa. 1977). ~ ,.-.- .~. -

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