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B-185874 1 (1977-03-08)

handle is hein.gao/gaobadeks0001 and id is 1 raw text is: THE COMPTROLLER UENENAL DECISIOp OP TH UNITNO STATE WAUININSTON. O. C. EU04 FiLE: B-185874 MATTER OF: DATE:VrCh 6, 1977 Sovereign Construction Company, Ltd.; City of Philadelphia DIGEST: Request for review by grantee of Environmental Protection Agency Regional Administrator's decLision concerning acceptability of unbalanced bid will not be considered as matter is before court of competent jurisdiction. The City of Philadelphia issued bid Nc. 2497 for the general construction and mechaiical work on the Northeast Water Pollution Contral Plant in Philaddiphia, Penneyivania. This construction is being conducted pursuant to a 75-percent construction grant awarded by the Environmental Protection Agency (EPA) under title II of the Federal Wateg Pollution Control Act, as amended by Pub, L. No. 92-500 (33 U.S.C. $ 1281, at sea. (1970)). Bids were opened on tecember 16, 1975, and the low bid was submitted by Sovereign Corstruction Company, Ltd., in the amount of $20,779,100. However, Sovereign's bid was rejected by the City -as unbalanced. Sovereign requested that EPA review the City's (grantee's) determination pursuant to the established procedures described at 40 C.p.a. 5 35.939 (1976). On December 6, 1976, the EPA Regional Administrator issued his decision which found the action of the City to be unreasonable and directed that the award be made to Sovereign. In view of this determinaticn, a prior request by Sovereign that our Office review the City's actions has been rendered moot. The City of Philadelphia has now requested our Office to review the decision of the EPA Regional Administrator. On March 1, 1977, Sovereign filed Civil Action in the United States District Court for the Eastern of Pennsylvania requesting that the court order the award the contract to Sovereign. No. 77-739 District grantee to - 1 - I - * 'C Co W% .1

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