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B-189249, SEPTEMBER 22, 1977

B-189249 Sep 22, 1977
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WILL NOT BE CONSIDERED. FUNDING FOR THE CONTRACT WAS PROVIDED BY A GRANT FROM THE U.S. THE SOLICITATION UNDER WHICH AWARD WAS MADE TO ARMOUR STATED THAT THE PROJECT WAS SUBJECT TO THE MERCER-BURLINGTON AFFIRMATIVE ACTION PLAN (PLAN). ARMOUR'S CONTRACT WAS TERMINATED BECAUSE ARMOUR WAS UNWILLING TO BECOME A SIGNATORY TO THE PLAN AFTER ALLEGEDLY BEING INFORMED THAT IT WOULD HAVE TO AGREE TO BE BOUND BY THE LOCAL ELECTRICAL WORKERS' UNION COLLECTIVE BARGAINING AGREEMENT BEFORE IT WOULD BE PERMITTED TO SIGN THE PLAN. THAT NOT SIGNING THE PLAN WAS. THE MATTER OF THE CANCELLATION OF A CONTRACT MUST BE RESOLVED BY THE CONTRACTING PARTIES PURSUANT TO ANY APPLICABLE CONTRACT PROVISIONS AND IS NOT A PROPER MATTER FOR PROTEST TO OUR OFFICE.

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B-189249, SEPTEMBER 22, 1977

PROTEST AGAINST CANCELLATION OF CONTRACT WITH TOWNSHIP, FUNDED BY EDA GRANT, WILL NOT BE CONSIDERED, SINCE MATTER MUST BE RESOLVED BY CONTRACTING PARTIES PURSUANT TO APPLICABLE CONTRACT CANCELLATION PROVISIONS.

ARMOUR ELECTRIC COMPANY:

ARMOUR ELECTRIC COMPANY (ARMOUR) PROTESTS THE CANCELLATION OF ITS CONTRACT WITH THE TOWNSHIP OF LAWRENCE, NEW JERSEY, FOR ELECTRICAL WORK INVOLVED IN THE CONSTRUCTION OF AN ADDITION TO THE TOWNSHIP MUNICIPAL BUILDING. FUNDING FOR THE CONTRACT WAS PROVIDED BY A GRANT FROM THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION.

THE SOLICITATION UNDER WHICH AWARD WAS MADE TO ARMOUR STATED THAT THE PROJECT WAS SUBJECT TO THE MERCER-BURLINGTON AFFIRMATIVE ACTION PLAN (PLAN). ARMOUR'S CONTRACT WAS TERMINATED BECAUSE ARMOUR WAS UNWILLING TO BECOME A SIGNATORY TO THE PLAN AFTER ALLEGEDLY BEING INFORMED THAT IT WOULD HAVE TO AGREE TO BE BOUND BY THE LOCAL ELECTRICAL WORKERS' UNION COLLECTIVE BARGAINING AGREEMENT BEFORE IT WOULD BE PERMITTED TO SIGN THE PLAN.

ARMOUR SUGGESTS THAT BY SUBMITTING ITS BID IT COMMITTED ITSELF TO THE PLAN, AND THAT NOT SIGNING THE PLAN WAS, THEREFORE, A MINOR INFORMALITY. ARMOUR FURTHER ARGUES THAT THE PLAN DID NOT IN FACT REQUIRE IT "TO BECOME UNIONIZED."

THE MATTER OF THE CANCELLATION OF A CONTRACT MUST BE RESOLVED BY THE CONTRACTING PARTIES PURSUANT TO ANY APPLICABLE CONTRACT PROVISIONS AND IS NOT A PROPER MATTER FOR PROTEST TO OUR OFFICE. JETS SERVICES, INC., B-187919, JANUARY 12, 1977, 77-1 CPD 25. ACCORDINGLY, WE WILL NOT CONSIDER ARMOUR'S PROTEST.

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