Request for Review of Low Bid Submitted Under Mass Transportation Administration IFB

The Urban Mass Transportation Administration (UMTA) requested reconsideration of a prior decision which dismissed a request for the review of a firm's low bid in order to ascertain compliance with Minority Business Enterprise (MBE) provisions of the solicitation. The prior request for review was dismissed since the legality of the MBE provisions of the Public Works Employment Act is currently before the United States Supreme Court. However, in its request for reconsideration, UMTA stated that it is not subject to the Public Works Employment Act, but that its MBE requirements derive from the Urban Mass Transportation Act of 1964. Therefore, the complaint should not have been dismissed. Based on the information provided, GAO agreed with the UMTA position. GAO was advised by the firm that it was no longer interested in pursuing its request for review. Accordingly, no further action was taken in this matter.