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B-190722 1 (1978-03-29)

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                             I. Clagher
   / go, V THM COMPTROLLER SENRMAL.
          OP  THE   UNITE  sTATM
  :'  7 WAUIINGTOtia,  D.C. 90546
' 4TI


DATE:         s~rch 29, 1978


0-190722


MATTER   OF:
             Edall  Construction  Company

DIGEST:
1.    Where..conomic Development  Administration grant
      alJovb' grantee to follow state and local law in
      conducting procurements  and provides that if no
      state or local law exists  on partivular point
      in question, Federal  Procurement Regulations
      (FPW's) will control, complaint  concerning bid
      responsiveness is'reviewed  under FPP's because
      there is no Montana or  local law on point.
02.   Under Federal procuteme  % law, failure to
      respond to-invitation .requirement for prices
      on alternate dedictive'I-ams  is not sufficient
      basis to rejiect basic bid which offers to per-
      form enttre wrk  called  for, since failure
      does roL prejudice Government;  interests or
      give bidder unfair atvantage  over other bidders.

      Edmall Construction. Company (Edsall) has
 requested that we review the award of  a contract
 to Quality Coii-truction Compapy (Quality) by Ravalli
 County, Montanar under a grantfrom   the Economic
 Development Adminihstration (EDA), Department of
 Commerce.  Our reviw Is undertakep pursuant  to 40
 Ped. Reg. 42406 (1975), where we :tated  that we
 would consider complaints concerising contracts
 awarded under Federal grants.


      The grant e
base bids for. the
It also requested
These involved the
struction work;,Li
certain'alterhatci
altethates would'
Section 4.1.5 of t
that All requesti
Section B(1) of t


s, invitatidhrequested  basic or
construction  of a'couirthouse wing
alternate  bids for nine items.
e dele'ion of portio'ns of the con-
fi the grantee decided to accept
s, the amdunt quoted for those
6e deducted from the basic bid.
the Instructions to Bidders stated
ed alternate4 shall be bid.
he bid form also provided:


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