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B-196296.2 1 (1980-03-20)

handle is hein.gao/gaobadick0001 and id is 1 raw text is: 

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DIGEST:

     Prior decision dismissed request for review
     of low bid to ascertain compliance with
     Minority Business Enterprise (MBE) pro-
     vision of solicitation since legality of
     MBE portion of Public Works Employment
     Act is currently before United States
     Supreme Court due to conflicting United
     States District Court opinions. Request
     for reconsideration of dismissal and rein-
     statement of complaint filed by grantor
     agency, contending its grant is not under
     act, which is true based on later informa-
     tion, is not for consideration as com-
     plainant has advised that it is no longer
     interested in pursuing matter.

     The Urban Mass Transportation Administration (UMTA),
Department of Transportation, has requested reconsider-
ation of our decision in the matter of Herzog Con-
tracting Corporation (B-196296, October 26, 1979,
79-2 CPD 298).

     Herzog had requested our Office to review the low
bid submitted under invitation for bids XO-04-09, issued
by the Mass Transit Administration, Baltimore Region
Rapid Transit System, Baltimore, Maryland, pursuant to
an UMTA grant, contending that the bid did not comply
with the Minority Business Enterprise (MBE) provisions
of the solicitation. It was stated in the complaint
that these provisions were included in the solicitation
pursuant to the Public Works Employment Act of 1977,
42 U.S.C. § 6705(f)(2).

     We dismissed the request for review since the
legality of the MBE provisions of the Public Works
Employment Act of 1977 has been the subject of con-
flicting United States District Court opinions and


117.-


                                        (3IIS
                        THE  COMPTROLLER GENERAL
DECISION                OF  THE   UNITED STATEB
                        WASHIN.JGTON,0. C. 20546



FILE:  B-196296.2             DATE:      20, 9

MATTER  OF: Herzog Contracting Corporation -
            Reconsideration


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