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B-205556 1 (1982-08-31)

handle is hein.gao/gaobadkpb0001 and id is 1 raw text is: tp THE CCMPVFPIOLLSR WENtRAL DECISION Z. OF TH' UNWITMi *TASrS WAS&IINCI1DN, D0.,20E48 FILE. %DATE: August 31, 1932 B-205556 MATTR F: L. 1. Hughes Company, Inc. DIGEST: 1. When affirmative action requirements are imposed on a bidder aa a matter of con- tract performance, and a speo.fic commit- merit to them must be reflected in the bid, such requirements may be treated as involving responsiveness, rather than responsibility. 2. When grantee solicitation provides that bidders may seek to qualify for a waiver of minority business enterprise utiliza- tion goal by providing with the bid a narrative of positive efforts and an explanation of why the goal cannot be met, and low biddec neither commits itself to the goal nor provides a narrative, while second-low bidder unequivocally offers to meet the goal at a reasonable price, grantee may presume that low bidder has not made sufficient effort and properly may reject the bid. E. H. Hughes Company, Inc. requests review of an Environmental Protection Agency decision regarding award of a contract for a wastewater treatment project by an EPA grantee, the town of Marengo, Indiana. Hughes contends thaL, contrary to the determination of the grantee and EPA's regional administrator, it: sub- mitted a responsive bid. We deny the complaint. :r '1*I ' ' . b ' '

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