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B-192388 1 (1980-03-03)

handle is hein.gao/gaobadiav0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIOillN. OF THE UNLTED STATES WASHINGTON,. .C. 20548 FILE: B-192388 DATE: Mah 3, 1980 MATTER OF: zimpro, Inc. D6 DIGEST: Request to reinstate GAO review of grant related procurement complaint is denied. While Court has dismissed companion liti- gation, ostensibly without prejudice, pas- sage of time coupled with substantial performance vitiates further GAO review of complaint raising no issue significant to Federal procurement standards applicable to grantee. Zimpro, Inc. complains that Onondaga County, New U)L(7P?0 i.13 York, improperly awarded a contii'et ubstantially funded by a grant from theEnvironmental Protection; 6Coo4L;I-( AcgencyP4EPA) under title II of the Clean Water cT, 33 U.S.C. SS 1281 et seq. (1976). Specifically, Zimpro complains that the awardee's bid was non- responsive because, in its view, descriptive litera- ture furnished with the bid indicated that the awardee made several technical design errors, and because the patent indemnity clause offered by it differed from the clause included in Onondaga's solicitation. Zimpro also complains that the awardee was permitted to submit explanatory information after bid opening. After filing an initial protest with the grantee and an unsuccessful appeal to the EPA pursuant to 40 C.F.R S 35.939 (1979), Zimpro filed its complaint before our Office in July 1978 and with the United States 0 District Court for the-D44trict of C Lb, which sustained .the Government's motion requesting that the litigation be transferred to the lAnited State nirict Court f hNorthern Distrct of New . We dis- missed the complaint filed before our Office because

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