[Complaint Concerning UMTA Grantee Contract Award]

B-216308: Jan 23, 1985

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A firm protested a contract award to another firm under a solicitation that the Regional Transit Authority of Chicago, Illinois, issued for construction and building renovation work under an Urban Mass Transportation Administration grant. The protester contended that the awardee's low bid was nonresponsive because it failed to meet the minority business enterprise (MBE) requirements. GAO held that the: (1) awardee committed itself to meet the solicitation's MBE requirements; (2) requirement that bidder's submit information concerning how they would meet the MBE commitment related to bidder responsibility; (3) use of certified MBE was a matter of bidder responsibility that could be resolved after bid opening; and (4) awardee's MBE list could be accepted at any time before the award was made. Accordingly, the protest was denied.