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B-198463 1 (1980-06-10)

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United Stltes General Accounting Office
Washlngto  DC 20548


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Otiice of
General Counsel


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Refer to;
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Th& Honorable
Inited Statos
10,50 Mcilamara
Detroit, Michi


Donald R, Riegle,
Senator
Federal Buildincj
Lgan 4226


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Attcntion.


t4r, Michael P. Smith


     near Senator Piegle:

          Wo refer to the matter of givers Contracttng
     Corporation (rvern) which was rtferred to this Office
     by the )Pmploymant Standnrdo Adminintratlon, Office of
     Federal Contract Complinnce Progrvms, United States
     Department of Lotor.

          Piversv complu'dnt, ensentially, in that due to
    harassment, threats and diacrimination by the Michigan
    Department of n;ighw~y and Transportation it (Rivers)
    hao iuffered financial losses and itpairment of its
    credit rnting with the resulting lono of state con-
    tracts.

         We note that In its letter of March 31, 1900, to
    your office, the Department of Labor states that our
    office is charged with the responsibility of inveti-
    gating complaints of alleged dlwcrirminatlon involving
    minority contractors and subcontractors This i a
    misunderstanding on the part of the Dpartment of Labor
    concerning our jurisdictions WThile it:is true that
    under our bid protest jurisdiction we wf1llinvesti-
    gate certain allegations ef dtacrimination, thin it
    trust only if it is alleged that the dincrbx nation
    was the basis for the rejection of the complainant's
    bid ,on a Federal contract.   ee Joseph LegatArchitects.
    B-17160, December 13, 1977, 77-2-CPD458.  However,
    oven where a Federal contractis, involved, rshch the
    information furnished to us intricates is not the cae
    hern, we will not consider allegjations of dicriminat.
    tion occurring during performance of the contract.
    See Areco, Inc., B-132740, 9anuary 28, 1976, 76-1 CPD
    54, and-Huatang Industrial pleaner, B-172531, March 5
-197. 76-1CPD3158


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