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B-199160,B-199496 1 (1981-11-20)

handle is hein.gao/gaobadjwm0001 and id is 1 raw text is: 3 I 3,1 DECISION ''K, *1 B-199160 8-199496 DATE; November 20, 1981 MATTER OF: Curtiss Development Co. and Shipco, Inc. DIGEST: 1. Annual contributions contract (ACC) betyeen Department of Housing and urban Developrment (HUD) and Indian housing authority pursuant to section 5 of the United Utates Housing Act of 1937, as amended, 42 USCS 1437 et seq., is encompassed by GAO Public Notice entitled Review of Complaints Concerning contracts Under Federal Grantst 40 Fed, Reg, 42406 (1975), since agreement results in substantial transfer of Federal funds to housing authority and since ACC required housing authority to use competitive bidding in awarding contracts. 2. Housing authority's failure to make award to Indian-owned enterprise whose bid was eight percent higher than low bid from non-Indian owned firm was proper since solicitation required award to low bidder and neither it nor HUD regulations or Indian Self-Determi- nation and Education Assistance Act, 25 US.C. S 450e(b), required preference be granted to Indian-owned firm in particular procurement. 3. Basic principles of Federal competitive bid- ding require that all bidders be treated fairly and equally and that bidder be precluded from deciding after bid opening whether to assert that Its lump-sum price or its inconsistent i6dividual item prices are correct. Thus, Indian housing authority which was required ...to adhere to Federal competitive bidding. prin- ciples acted improperly in accepting bid based on bidder's post-bid opening explanation of intended bid where bid was subject to two reasonable interpretations and was low only under interpretation proffered by bidder. I .1 , I • ,--,. n. - . i -- t- * . . . . . . . * - - . . - -V. U -. V *9999 *.94 V*n9w.9.4~.* - .1 ~ a. /(0 41 FILE: TH ICOMPTAOLLIR G WNER\AL or THE UNITID 'rvi Tw-. WASHINGTON0, ,0. ROB.S

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