HOWEVER, WE HAVE RECOGNIZED THAT A BIDDER MAY COMMIT ITSELF TO
SUCH [AFFIRMATIVE ACTION] REQUIREMENTS IN A MANNER OTHER THAN THAT SPECIFIED IN THE SOLICITATION. 51 COMP.GEN. 329 (1971); B-176260, AUGUST 2, 1972; B- 177846, MARCH 27, 1973.
ALTHOUGH COMPLIANCE WITH AFFIRM ACTION REQUIRMENT IS MATERIAL, FEDERAL
PRCUREMENT DECISIONS HAVE HELD THAT
A BIDDER COULD COMMIT ITSELF TO AFFIRMATIVE ACTION REQUIREMENTS IN A MANNER
OTHER THAN THAT SPECIFIED IN THE IFB SO LONG AS ‘OTHER EVIDENCE‘ IN THE SUBMITTED BID INDICATED THE BIDDER'S CLEAR INTENT TO BE BOUND TO THE REQUIREMENTS. MATTER OF BARTLEY, INCORPORATED, 53 COMP. GEN. 451 (1974) AND CASES CITED THEREIN.
REDLEX STATEMENT IN RFP AT rr-04, ART C THAT IT HAS “PARTNERED WITH MORGNER CONSTRUCTION MANAGEMENT THAT MAINTAINS AN AFFIRMATIVE ACTION PROGARM CONSISTENT WITH . . .
Sullair Corporation, as Plan Administrator of the Sullair Corporation Retirement Plan v. Donald C. Hoodes, Individually and as Beneficiary Under the Sullair Corporation Retirement Plan Mary Hoodes, Individually and as Alternate Payee Under the Sullair Corporation Retirement Plan United States of America, Acting Up Through the Department of the Treasury--Internal Revenue Service, A/K/A I.R.S., the Arthur Kagan Company, Third-Party-Plaintiff--Intervenor-Appellant, 52 F.3d 334, 3rd Cir. (1995)
Securities and Exchange Commission, and Securities Investor Protection Corporation, Applicant-Appellee v. Alan F. Hughes, Inc. and Alan F. Hughes, 461 F.2d 974, 2d Cir. (1972)
Blue Sky L. Rep. P 73,202 William H. Borthwick and Frances N. Borthwick v. First Georgetown Securities, Inc. and Darrell Brookstein, 892 F.2d 178, 1st Cir. (1989)
In Re Michael Steven Hudgins, T/a Hudgins Masonry, Debtor. Michael Steven Hudgins, T/a Hudgins Masonry v. Internal Revenue Service, 967 F.2d 973, 4th Cir. (1992)
Fed. Sec. L. Rep. P 96,288 William S. Flickinger v. Harold C. Brown & Co., Inc. and Bradford Broker Settlement, Inc., N/k/a Fidata Corporation, 947 F.2d 595, 2d Cir. (1991)
In The Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp., 393 F.2d 60, 2d Cir. (1968)