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B-178839 1 (1973-10-10)

handle is hein.gao/gaobaadeq0001 and id is 1 raw text is: 


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          31478839                                       October 10 1973
                                                                                    S.
                                                        •                         9
          Proier Roofing Co'zpa, Inc.E9
          178 Front Avenue                                                   -
          West Raven, Connecticut 0616

               Attentions Mr. Michael L. eFbiberg
                           Be.*Metary-(eneral Counsel

          Centlemen:

               This is in reference to the June 6, 1973, telegram frm your
          firm (Premier), and subsequent correpondenco, protesting against
          the rejection of your bid as nonresponsive;pursuant to construction
          project No. NA-0-73-50 issued on May 7, 1973, by the Veterans
          Administration (VA) Iopital, West Haven, Connecticut.

               biids w.. solicited for two items--Alternate Ko.  called for
          labor, equipment, and material necessary for replacing approximately       *Ig•h
          29,200 sq. ft. of built-up roofing, and Alternate No. 2 called for          .
          labor, equipment, and material necessary for replacing approximately
          4L109 sq. ft. of built-up roofing. Premier submitted the low bid
          for both items at 465,560, but was considered nonresponzive by the
          Contracting Officer for its failure to fil out and return with its
          bid the enclosed Bid Conditions portion of the Now H1aven Plan.
          Standard Bid Form 21, (contruction Contract), on which the bid was
          submitteds carried the printed notation:

               OME ATTACMED N1JMfl PI     IS MADE A PART 0? THIS IITATION
               AN FAIM     TO JiETURN SIGNeD COPIES OF MEW HAVI PLAN WITH THE
               DID WILL RESULT IN THE DIDDER BEIG DEOLARW f iON-RESPOSIV6.

               The New Haven Plan haa been approved by the Department of Laborta
          Office of'Federal Contract Ccpliance (OFCo) as an appropriate program
          to implement the training of ninorities in the construction industry.
          The Plan incorporates a scheme vhereby signatories thereto progressive-
          ly increase minority representation in their reisotive construction
          osmpanles.

               It t Premiertn position that it# failure to complete and return
          the Bid Condition-Affirmative Action RWquirwAnts provision incorpo-
          rated in the IB was a mare technical oversight and should not be
          a fatal error. .4 a basis for this position Premier pointd out
          that it hris been a member of the Now Haven Plan since its inception
(         and* thnrefore, was bound by all rulesoand naqudrnments of the Plan


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