B-165836, JUL. 10, 1969

B-165836: Jul 10, 1969

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SECRETARY: ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE HONORABLE HENRY M. THIS MATTER WAS THE SUBJECT OF A REPORT DATED FEBRUARY 4. SUCH A CONTRACTOR BY YOUR DEPARTMENT SHOULD BE SPECIFICALLY STATED IN THE INVITATION SO THAT A BIDDER WILL KNOW WHEN PREPARING HIS BID PRECISELY WHAT WILL BE REQUIRED OF HIM IN SUCH AREA IF HE IS DETERMINED TO BE THE SUCCESSFUL BIDDER.

B-165836, JUL. 10, 1969

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE HONORABLE HENRY M. JACKSON, UNITED STATES SENATE, CONCERNING A NOTICE TO BIDDERS DEVELOPED BY YOUR DEPARTMENT FOR INCLUSION IN INVITATIONS FOR BIDS ON CONTRACTS RECEIVING FINANCIAL ASSISTANCE UNDER THE FEDERAL WATER POLLUTION CONTROL ACT. THIS MATTER WAS THE SUBJECT OF A REPORT DATED FEBRUARY 4, 1969, FROM THE ASSISTANT SECRETARY OF THE INTERIOR.

AS STATED IN OUR LETTER TO SENATOR JACKSON WE DO NOT CONSIDER NEGOTIATION AFTER BID OPENING OF THE PROSPECTIVE CONTRACTOR'S EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES IN CONTRACTS RECEIVING FINANCIAL ASSISTANCE PURSUANT TO SECTION 6 OF THE FEDERAL WATER POLLUTION CONTROL ACT AS BEING CONSONANT WITH THE COMPETITIVE BIDDING PROCESS. ACCORDINGLY, ANY EQUAL EMPLOYMENT OPPORTUNITY COMMITMENTS REQUIRED OF, OR IMPOSED UPON, SUCH A CONTRACTOR BY YOUR DEPARTMENT SHOULD BE SPECIFICALLY STATED IN THE INVITATION SO THAT A BIDDER WILL KNOW WHEN PREPARING HIS BID PRECISELY WHAT WILL BE REQUIRED OF HIM IN SUCH AREA IF HE IS DETERMINED TO BE THE SUCCESSFUL BIDDER.