construction industry[10] has been in effect since April 1, 1974 and was approved by the Department of Labor's Office of Federal Contract Compliance as a nationwide substitute for local affirmative action plans such as the Washington Plan insofar as those local plans pertain to the elevator construction trade.[11]
In light of the above, Otis was consequently uncertain as to the manner in which it should complete Appendix A when submitting its bid, if the form even had to be completed at all. Accordingly, Otis' District Manager, Donald E. James, contacted appropriate WMATA personnel in an attempt to obtain guidance on this question. Pursuant to this inquiry, a meeting was held on October 15 and was attended by, among others: Mr. James for Otis; Mr. Peter Brown, WMATA's duly authorizedmight otherwise be done by members of the iron worker trade. Dep. Tr. at 32-33, 34-35, and 50-51. In this connection, they also point to the fact that Appendix A requires that minority employment percentages be entered with respect to any work to be subcontracted out by the bidder. Plaintiff's Exhibit # 1 at A-3. Finally, there is the admission of Otis that its Philadelphia Regional Office prepared pre-bid estimate sheets which referred to iron workers as well as to members of the elevator constructor trade. See Plaintiff's Brief in Opposition to Defendant's Motion Under Rule 37 at 5.

Yet, on the other hand, the affidavit of WMATA's own representative, Peter Brown, offers persuasive support for Otis' claims concerning its pre-bid intent as demonstrated at the October 15 meeting: