Solicitation Deficiencies

B-177081(2), JAN 9, 1973

BID PROTEST - LOCAL AFFIRMATIVE ACTION PLAN - INFORMATION CONTAINED IN THE IFB CONCERNING THE PROTEST OF JESS HOWARD ELECTRIC COMPANY AGAINST REJECTION OF ITS BID UNDER AN IFB ISSUED BY THE ARMY CORPS OF ENGINEERS, BALTIMORE, MD. ALTHOUGH THE PROTEST HAS BEEN DENIED, THE IFB DID NOT CONTAIN THE "LOCAL AFFIRMATIVE ACTION PLAN" CLAUSE TO WHICH THE ATTENTION OF THE BIDDERS WAS CALLED IN THE IFB AND DID NOT INDICATE WHERE A COPY OF THE "DAYTON PLAN" FOR MINORITY HIRING COULD BE OBTAINED AS REQUIRED BY ASPR 1-1203.1. ACCORDINGLY, GAO RECOMMENDS SUCH INFORMATION BE CONTAINED IN FUTURE PROCUREMENTS.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY, DENYING THE PROTEST OF JESS HOWARD ELECTRIC COMPANY UNDER IFB NO. DACA31-72-B-0102, ISSUED BY THE CORPS OF ENGINEERS, BALTIMORE, MARYLAND.

WHILE WE DENIED THE PROTEST, IT SHOULD BE NOTED THAT THE IFB DID NOT CONTAIN THE "LOCAL AFFIRMATIVE ACTION PLAN" CLAUSE TO WHICH THE ATTENTION OF BIDDERS WAS CALLED IN THE INVITATION. ALSO, THE IFB DID NOT INDICATE WHERE A COPY OF THE "DAYTON PLAN" FOR MINORITY HIRING COULD BE OBTAINED, AS SEEMS TO BE REQUIRED BY ASPR 1-1203.1. ALTHOUGH WE CONCLUDED THAT THE PROTEST AGAINST THE OMISSION OF THIS INFORMATION WAS UNTIMELY, WE RECOMMEND THAT ACTION BE TAKEN TO MAKE SURE THAT INFORMATION OF THIS NATURE IS CONTAINED IN FUTURE PROCUREMENTS.

THE PROTEST WAS THE SUBJECT OF A REPORT (DAEN-GCN) DATED OCTOBER 30, 1972, FROM THE GENERAL COUNSEL, CORPS OF ENGINEERS. THE FILE FORWARDED WITH THAT REPORT IS RETURNED.