B-178324(1), AUG 1, 1973

B-178324(1): Aug 1, 1973

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SINCE CLICK IS A NON-PROFIT ORGANIZATION CONTROLLED AND SUPERVISED BY NEW YORK CITY. ARE NOT APPLICABLE HEREIN. WE ARE ADVISED THAT CLICK IS A NON-PROFIT ORGANIZATION CONTROLLED AND SUPERVISED BY NEW YORK CITY AND. ITS GRANTEE CONTRACTS ARE AWARDED UNDER THE LAWS APPLICABLE TO THAT JURISDICTION. IT IS MAINTAINED THAT THE LOW BID UNDER THE SECOND SOLICITATION IS NONRESPONSIVE FOR FAILURE TO ACKNOWLEDGE A WAGE RATE AMENDMENT AND THAT AWARD SHOULD BE MADE TO WICKHAM AS THE LOWEST RESPONSIVE BIDDER. THERE IS NO BASIS TO APPLY TO THIS NON-FEDERAL PROCUREMENT THE USUAL RULES GOVERNING BID RESPONSIVENESS AS EXEMPLIFIED BY FEDERAL PROCUREMENT REGULATIONS 1.2- 404.2. WE ARE ENCLOSING COPIES OF THE REPORTS AND CORRESPONDENCE RECEIVED FROM THE DEPARTMENT RELATIVE TO YOUR PROTEST.

B-178324(1), AUG 1, 1973

DENIAL OF PROTEST ON BEHALF OF WICKHAM CONTRACTING COMPANY AGAINST AWARD OF A CONTRACT UNDER THE SECOND SOLICITATION FOR PROJECT NO. 01-1 00334 ISSUED BY THE COMMERCE LABOR INDUSTRY CORPORATION OF KINGS, INC. (CLICK), UNDER A GRANT FROM THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION. SINCE CLICK IS A NON-PROFIT ORGANIZATION CONTROLLED AND SUPERVISED BY NEW YORK CITY, THE RULES GOVERNING BID RESPONSIVENESS, E.G. FPR 1.2-404.2, ARE NOT APPLICABLE HEREIN.

TO MR. EUGENE DREXLER:

YOUR LETTER OF MAY 2, 1973, WITH ENCLOSURES, PROTESTS ON BEHALF OF WICKHAM CONTRACTING COMPANY, AN AWARD UNDER THE SECOND SOLICITATION FOR PROJECT NO. 01-1-00334 ISSUED BY THE COMMERCE LABOR INDUSTRY CORPORATION OF KINGS, INC. (CLICK), UNDER A GRANT FROM THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), FOR THE RENOVATION OF A BUILDING LOCATED IN THE FORMER BROOKLYN NAVY YARD, NEW YORK. WE ARE ADVISED THAT CLICK IS A NON-PROFIT ORGANIZATION CONTROLLED AND SUPERVISED BY NEW YORK CITY AND, AS SUCH, ITS GRANTEE CONTRACTS ARE AWARDED UNDER THE LAWS APPLICABLE TO THAT JURISDICTION.

IT IS MAINTAINED THAT THE LOW BID UNDER THE SECOND SOLICITATION IS NONRESPONSIVE FOR FAILURE TO ACKNOWLEDGE A WAGE RATE AMENDMENT AND THAT AWARD SHOULD BE MADE TO WICKHAM AS THE LOWEST RESPONSIVE BIDDER. HOWEVER, THE GENERAL RULES GOVERNING THE RESPONSIVENESS OF BIDS SUBMITTED IN RESPONSE TO FORMALLY ADVERTISED SOLICITATIONS ISSUED BY THE FEDERAL GOVERNMENT DO NOT APPLY TO NON-FEDERAL PROCUREMENTS WHEREUNDER AN AGENCY SUCH AS HUD PARTICIPATES AS A GRANTEE TO PARTIALLY FUND PROCUREMENTS TO BE EFFECTED BY LOCAL AGENCIES OR INSTITUTIONS. THUS, THERE IS NO BASIS TO APPLY TO THIS NON-FEDERAL PROCUREMENT THE USUAL RULES GOVERNING BID RESPONSIVENESS AS EXEMPLIFIED BY FEDERAL PROCUREMENT REGULATIONS 1.2- 404.2.

WE ARE ENCLOSING COPIES OF THE REPORTS AND CORRESPONDENCE RECEIVED FROM THE DEPARTMENT RELATIVE TO YOUR PROTEST.