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B-184233 1 (1975-09-23)

handle is hein.gao/gaobadcna0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 2O54 8 FILE: B-184233 DATE: September 23, 1975 MATTER OF: 0. C. Holmes Corporation DIGEST: 1. Bidder, who fails to submit, prior to bid opening, affirmative action plan under Part II of Bid Conditions, but who has properly executed and submitted Part I certification wherein bidder will be bound by the provisions of Part II for listed appropriate trades to be used in the work, has submitted responsive bid; that pages of Part II were not submitted with bid is of no consequence. Bids containing no Part I or Part II documentation were nonrespon- sive. Recommendation made that grantor agency, which concluded that all bids were nonresponsive, advise grantee to award contract to bidder who submitted Part I certification. 2. There is no basis to conclude that bidders were unreasonably misled as to affirmative action requirements clearly set forth which were included in IFB containing bidders'schedules, provisions, conditions, drawings and specifications rather than with separate bid packet. Requirements clearly advised that, unless proper documentation was submitted, bid would be considered nonresponsive. 3. That bidder has affirmative action plan filed elsewhere or has agreed to accept standard equal opportunity clause of an invita- tion does not create the required binding obligation to the affirmative action requirements of present invitation. Invitation for bids No. 1-7018/002-7 CSWP was issued on May 20, 1975, by the Sonoma County (California) Water Agency for channel improvement of a portion of the Central Sonoma Watershed Project. Substantial financial assistance utilizing grant funds is being provided by the Soil Conservation Service, United States Department of Agriculture, under the Watershed Protection and Flood Prevention Act, 16 U.S.C. § 1001, et seq. (1970). PUBLISH'D DECISION -1-55 Comp. Ge........

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