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B-203412 1 (1981-06-25)

handle is hein.gao/gaobabkbr0001 and id is 1 raw text is: 



                     UNITED STATES GENERAL ACCouNTING OFFICE
                             WASHINGTON, D.C. 20548


OFFICE OF GE.NERAL COUNSEL
         B-203412                    June 25, 1981



         The Honorable Charles H. Percy
         United States Senator
         Room 3892
         230 Suth Dearborn Street
         Chicago, Illinois  60604

         Dear Senator Percy:

              We refer to your letter of May 14, 1981 (your file
         number 1125600004), with which you enclosed a May 7
         letter from A&M Associates expressing concern with the
         Department of Housing and Urban Development's (HUD)
         renewal of a contract with Brothers, Inc. for specifi-
         cation writing and housing rehabilitation supervision
         in the Chicago Metropolitan-Land area.

              We are informally advised by HUD that the contract
         involved was awarded pursuant to the National Housing
         Act, 12 U.S.C. §§ 1701 et seq. (1976). The National
         Housing Act authorizes the Secretary of HUD to make
         such expenditures as necessary to carry out the functions
         under the act without regard to any other provisions of
         law governing the expenditure of public funds, and also
         to sue or be sued under the act. 12 U.S.C. § 1702.
         Therefore, our Office is not in a position to render a
         binding decision concerning these expenditures. See
         Brothers Specifications, Inc., B-199738, October 24, 1980,
         80-2 CPD 314.

              However, HUD has established its own procedures at
         24 C.F.R. part 20, subpart C (1980) whereby an interested
         party can protest the award of National Housing Act con-
         tracts either to the contracting officer or to the HUD
         Board of Contract Appeals. We advised Mr. Maynard of
         A&M Associates of this procedure by telephone on June 4.

              A&M Associates' May 7 letter is returned as requested.


                                     Sincerely yours,



                                     Harry R. Van Cleve



         Enclosure
                                  6O/3~~

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