B-165826, FEB. 5, 1969

B-165826: Feb 5, 1969

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INC.: REFERENCE IS MADE TO YOUR TELEGRAM OF DECEMBER 13. YOU STATE THAT YOUR FIRM SUBMITTED THE LOW BID FOR FURNISHING THE GREENHOUSE ENVIRONMENTAL FACILITY ON THE SUBJECT PROJECT BUT THAT THE TEXAS TECHNOLOGICAL UNIVERSITY IS DISCRIMINATING AGAINST YOUR FIRM AND AS A RESULT YOUR FIRM WILL NOT RECEIVE THE CONTRACT. THIS SUPPORT WAS PROVIDED AS A PROJECT UNDER TITLE I OF THE HIGHER EDUCATION FACILITIES ACT OF 1963. IN THIS CASE THE PRIME GENERAL CONSTRUCTION CONTRACT WAS AWARDED BY THE UNIVERSITY TO H.A. WE UNDERSTAND THAT YOUR FIRM IS A PROSPECTIVE SUB-TIER CONTRACTOR UNDER PRIME GENERAL CONSTRUCTION CONTRACT. RESPONSIBILITY IS PLACED UPON THE PRIME CONTRACTOR TO SELECT SUBCONTRACTORS. IS LIMITED TO ASSURING THAT THEY ARE NOT LISTED AS DEBARRED OR INELIGIBLE BIDDERS.

B-165826, FEB. 5, 1969

TO ICKES BRAUN GLASSHOUSES, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM OF DECEMBER 13, 1968, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER (FORMER) PROJECT NO. TEX-4-1684. YOU STATE THAT YOUR FIRM SUBMITTED THE LOW BID FOR FURNISHING THE GREENHOUSE ENVIRONMENTAL FACILITY ON THE SUBJECT PROJECT BUT THAT THE TEXAS TECHNOLOGICAL UNIVERSITY IS DISCRIMINATING AGAINST YOUR FIRM AND AS A RESULT YOUR FIRM WILL NOT RECEIVE THE CONTRACT.

THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HAS ADVISED US THAT THE OFFICE OF EDUCATION AWARDED A GRANT TO THE TEXAS TECHNOLOGICAL UNIVERSITY TO PROVIDE FINANCIAL SUPPORT FOR CONSTRUCTION OF FACILITIES AT THE UNIVERSITY. THIS SUPPORT WAS PROVIDED AS A PROJECT UNDER TITLE I OF THE HIGHER EDUCATION FACILITIES ACT OF 1963, 20 U.S.C. 701, ET SEQ., SUBJECT TO THE LEGISLATIVE AND REGULATORY REQUIREMENTS ASSOCIATED WITH THAT ACT. THE PERTINENT REGULATIONS SPECIFY THAT ALL CONSTRUCTION CONTRACTS AWARDED BY THE STATES OR INSTITUTIONS CONCERNED SHALL BE AWARDED ON THE BASIS OF PUBLICLY ADVERTISED COMPETITIVE BIDDING. IN THIS CASE THE PRIME GENERAL CONSTRUCTION CONTRACT WAS AWARDED BY THE UNIVERSITY TO H.A. LOTT, INC., OF HOUSTON, TEXAS, AND WE UNDERSTAND THAT YOUR FIRM IS A PROSPECTIVE SUB-TIER CONTRACTOR UNDER PRIME GENERAL CONSTRUCTION CONTRACT.

IN ACCORDANCE WITH THE GENERAL CONDITIONS FOR GRANTS UNDER TITLE I OF THE HIGHER EDUCATION FACILITIES ACT, RESPONSIBILITY IS PLACED UPON THE PRIME CONTRACTOR TO SELECT SUBCONTRACTORS. THE ONLY RESPONSIBILITY OF THE OFFICE OF EDUCATION, FOR THE SELECTION OF SUBCONTRACTORS, IS LIMITED TO ASSURING THAT THEY ARE NOT LISTED AS DEBARRED OR INELIGIBLE BIDDERS.

WE HAVE BEEN ADVISED THAT THE ARCHITECTURAL FIRM REPRESENTING THE UNIVERSITY DEVELOPED A SET OF SPECIFICATIONS FOR THE PROPOSED GREENHOUSE, BUT THAT THE PLANS SUBMITTED BY YOUR FIRM DID NOT MEET THESE SPECIFICATIONS AND WERE THEREFORE REJECTED. HOWEVER, WE WERE ALSO ADVISED THAT THE PRIME GENERAL CONSTRUCTION CONTRACTOR IS PREPARING REVISED SHOP DRAWINGS FOR THE GREENHOUSE FOR SUBMITTAL TO THE ARCHITECTURAL FIRM. THE REVISED SHOP DRAWINGS WILL PROVIDE DETAILED INSTRUCTIONS TO THE SUBCONTRACTOR WHO WILL BE SELECTED AND ARE BASED UPON THE APPROVED PLANS AND SPECIFICATIONS. THIS BEING THE CASE, YOUR FIRM STILL HAS THE OPPORTUNITY TO SUBMIT REVISED PLANS TO THE PRIME GENERAL CONSTRUCTION CONTRACTOR.

ACCORDINGLY, ON THE BASIS OF THE RECORD BEFORE US YOUR PROTEST IS DENIED.