Protest Against Rejection of Bid for Failure To Include Minority Manpower Utilization Goals

The protester objected to the rejection of its low bid as nonresponsive for failure to indicate minimum minority manpower utilization goals. The untimely protest was considered since it involved significant issues. The approval by the Department of Labor (DOL) of a Department of Defense (DOD) affirmative action clause for the imposed Chicago Plan which differed from the provision issued by DOL was accepted since the interpretation of the regulations by the issuer was accorded greater deference. No legal objection was offered to the use of the DOD clause, notwithstanding the omission of specific permission from DOL for the agency to use a document substantially similar to the DOL provision, since the assumption was that the deviant DOD clause would have been approved if submitted to DOL prior to use. The agency determination that the bid was nonresponsive for failure to include goals for trades intended to be subcontracted was reasonable. The agency's determination that oral protests could not be handled was contrary to procurement regulations.