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B-188055 1 (1977-01-19)

handle is hein.gao/gaobadeiu0001 and id is 1 raw text is: 1 S0 I'fl TNE COMPTRC6ILEN ONENM L DECISION . O OP TiE .UNITED ETATEE WAUIMINUTON. C. C. -cesida FILE: 3-188055 DATE: Jiaery 19, 1977 MATTER OF: Monarch Wrecking, Inc. DIGEST: Protest involving .1legations that demolition contracts affected under 17 U.S.C., Chapter 13, Subchapter II were awarded to wrucking companies which are not responaible contractors is not for settlement by GAO and is dis- missed since Secretary of HUD is authorized under 12 U.S.C- 1702 (1970) to make such axpenditures as are necessary to carry out provisions thereof without regard to any other provisions of law governina the expenditure of public funds and is authorized to sue and be sued. In addition, GAO no longer considers protests involving affirmative determina- tions of contractor responsibility. Monarch 9iccking, Inc. (fnarch).har protested the Department of Housing and: Urban Development's (HUDYaward of seven demolition contracts to two wrecking firms which Monarch alleges are not responsible contractors. Specifically, Monarch alleges that when under contract vith HUD in the past, one of these firms ,alLed to meet a delivery date and both firms failed to pay prevaling wates or obtain HUD's approval for subcontracting as required by the con- tracts. An earlier Monarch protest contesting hUD's solicitation of bids for adamoliti'Un contract was the subject o our decision Xonarch Wreking, Inc., B-184886, April 1, 1976, 76-& CPD 214. In that case,.the-dwellings to be demolished were held undez mortgiges which Nad been insured by the Secretary of HUD pursuant to various sectiona in,12 U.S.C., Chapter 1, Subchapter II. The contract was effected under section 1710(g) of that subchapter which authorizes the Secretary to dispose of such properties as well as rapair and renovate them. Under 12 U.S.C. 1702 (1970) the Secretary of RUD is authorized to make such expenditures as are necessary to carry out the pro- visions of Subchapter II without regard to any other provisions of law governing the expenditures of public funds and is authorized to sue nd be sucd. Considering the broad authority granted by II

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