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B-201613 1 (1981-10-06)

handle is hein.gao/gaobadjtz0001 and id is 1 raw text is: 




DECISIONV


FILE:  B-201613


THE COMPT  LE GENRAL
OF THE UNITED STATES
WASHINGTON, 0  C. 20548




      DATE:  October 6, 1981


MATTER OF: ,Brumm Construction Company


DIGEST:


1.   GAO will review complaints regarding
     procurements under EPA construction
     grants, provided complainant has
     exhausted administrative remedies by
     seeking review by grantor agency.

2.   In future, grant complaints regarding
     matters other than alleged solicitation
     deficiencies must be filed with GAO
     within reasonable time, and four months
     after adverse decision by grantor agency
     will not be considered reasonable time.

3.   GAO will consider complaint regarding
     contract modification when it is alleged
     that modification changed scope of con-
     tract and therefore should have been sub-
     ject of new procurement.

4.   GAO review of grantor agency decision on
     complaint regarding grantee procurement
     will be limited to whether decision was
     reasonable, in light of agency regula-
     tions encouraging free and open competi-
     tion.

5.   Contracting officer may not make award
     which he knows is not based on conditions
     under which performance will occur, since
     such action undermines integrity of com-
     petitive procurement system and deprives
     Government of lower price or better terms
     which it might otherwise obtain.


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