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B-196646 1 (1980-10-09)

handle is hein.gao/gaobabjwo0001 and id is 1 raw text is: / 2 2 GAO United .States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: B-196646 October 9, 1980 LThe Honorable . John Heinz, Zl - United States Senator 2031 Federal Building 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 Dear Senator Heinz: This is in response to your communication - forwarding correspondence from the attorney for _ 0 _D&S Construction Conmpany. T &S correspondence involves a matter which was the subject of our letter of January 28, 1980, advising you 0f.opu opinion concerning D&S's complaint of id rigging_ in connection with two Fe eral Aviation Administratio (FAA) procurements. We concluded that D&S's protest was untimely. D&S contends that its protest was timely and our letter to you incorrectly stated the facts. In addi- tion, D&S has now submitted copies of correspondence with FAA concerning its claim to FAA under the Federal Tort Claims Act, 28 U.S.C. § 2671 (1976). With regard to the claim, the Federal Tort Claims Act places jurisdiction for consideration of tort claims in the head of the Federal agency involved. 28 U.S.C. § 2672 (1976). Under 28 U.S.C. § 1346 (1976), the United States District Courts have jurisdiction for considering tort claims which have been finally denied by the head of the Federal agency. See-28 U.S.C. § 2675 (1976). Therefore, our Office has no authority to consider D&S's tort claim against FAA. We have reexamined our position concerning the untimeliness of the protest in light of D&S's recent correspondence. D&S's contention that its protest was timely is based upon the erroneous assumption

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