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B-206272 1 (1982-09-24)

handle is hein.gao/gaobadkqg0001 and id is 1 raw text is: 

                         THlE CCMPTROLLER rIHNUMAL
DECISION                AO F THU UNITED        STATES
                     7-   WAOHINGTlN I'0, ,      u1o3f48



FILE:   B-206272               DATE:    September 24, 1982

MATTEfl OF: Civic Action Institute


DIGEST;               '


1.    GAO will review propriety of assistance
      awards when there appears to be a conflict
      of interest or when there is a showing
      that an agency is using a grant or cooper-
      ative agreement to avoid statutory and
      regulatory requiremenLs for competition.

 2.   Federal Grant and Cooperative Agreement
      Act gives agencies considerable discretion
      in determining whether to use a contract,
      grant, or cooperative agreement, and GAO
      will not question detersatnations unless it
      appears that an agency has disregredd
      statutory and regu.atory guidance or
      lacked program authority to enter into a
      particular relationship.

 3.   When an agency's principal purpose Is to
      acq1uire the services of an organization
      that lltimately will a,;sist the authorized
      recipient of a grant or cooperative agree-
      ment, a contract should be used, unless
      the agency's program legislatioo specifi-
      cally perraits it to mnruc rrants to inter-
      mediaries.


      The Civic Action Institute complains of the
 Department of HIousing and Urban Development's award of
 a cooperative agreement to the National Citizens
 Participation Council (UCP1C), a non-profit membership
 organization.  The latter group, as a result of IUD's
 acceptance of its unsolicited proposal, will provide
 technical assistance to Counity I)oveloprnent flock
 Grant recipients on the use of volunteers to supplement
 grant funds in carrying out theib_ prograns. ie sustiin
 the complaint.

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