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B-212539 1 (1984-04-17)

handle is hein.gao/gaobadlqt0001 and id is 1 raw text is: /111 /. -, r THE COMPTROLLER GENERAL DECISION WA THE UNITEO STATES WSHINGTON. D.C. 20548 I FILE: B-212539 DATE: April 17, 1984 MATTER OF: D. R. Allep & Son, Inc. DIGEST: Where a grantee's solicitation imposes a minority business enterprise (MBE) subcon- tracting goal on bidders and requires with the bid either a commitment statement or an explanation as to why the goal cannot be met, a bidder's failure to comply with the requirement renders the bid nonresponsive in circumstance where the bidder would not otherwise be committed to the goal or other MBE requirements. D. R. Allen & Son, Inc. has filed a complaint against the award of a contract for the construction of two parking garages to Ruscon Construction Company by a Department of Housing and Urban Development (HUD) grantee, the City of Charleston, South Carolina. Essentially, Allen claims that the decision by the City, concurred in by HUD, to reject its bid for failure to comply with the minority business enterprise (MBE) requirements of the solicitation was improper. We deny the complaint in part and dismiss it in part. The City, a grantee under Title I of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. § 5301 et seq. (Supp. IV 1980), advertised for bids on May 23, 1983. The solicitation established a goal that 5 percent of the total value of the prime contract be awarded to minority business subcontractors. The solicitation stated that award would be made to the lowest priced bidder that met or demonstrated good faith efforts in meeting the MBE goal. In this connection, the solicitation required each bidder to submit an MBE Assurance Statement in which it was either to demonstrate the ability to meet the prescribed minority subcontracting goal or to provide a narrative explaining why it was unable to comply with the

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