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B-202801 1 (1981-05-07)

handle is hein.gao/gaobabjck0001 and id is 1 raw text is: 

              COMPTROLLER GENERAL OF THE UNITED STATES
                       WASHINGTON D.C. 20548



                              May 7, 1981

B-202801



                              410 4.'k

The Honorable Bill Goodling
Member, United States House
  of Representatives
2145 Market Street
Camp Hill, Pennsylvania 17011

Dear Mr. Goodling:

     We refer to your letter dated March 26, 1981,
with enclosures, requesting our comments concerning,
in effect, theLright    -
(MNJ-)k to recover anticipated profits7in the amount
of $26,000 from the Federal Government by withholding
tax payments to be paid to the Internal Revenue
Service (IRS).

     From the enclosures, it appears that MNI was the
apparent low bidder for certain general construction
work to be performed at the Harrisburg International
Airport at a price of $1,256,458. The contract was
to be awarded by the Pennsylvania Department of
Transportation. Since the project was substantially
funded through a grant from the Federal Aviation
Administration (FAA), the State had agreed to and
was obligated to comply with certain grant conditions.
One condition required the low, responsive bidder to
submit a subcontracting plan, which included a goal
of 8-percent minority-owned business participation
and 2-percent women-owned business participation.
MNI's plan showed participation of 3-percent minority
and 0-percent women participation. The State believed
that KNI's plan was based on MNI's best effort but,
after consultation with FAA, the State Bureau of
Aviation determined that MNI's plan was not acceptable.
Later, the State awarded the contract to the second
low bidder, Lobar, Inc., at a price less than $10,000
more than MNI's price.


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