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B-206272.2 1 (1982-11-02)

handle is hein.gao/gaobadkrw0001 and id is 1 raw text is: 7 THE COMPTROLLER GENERAL OECISION ow OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-206272.2 OATE: 'Tovember 2, 1982 MATTER OF: Civic Action Institute--Reconsideration DIGEST: 1. When 'new facts do not clearly demon- strate that GAO determination to apply decision on sustained complaint only prospectively and not to recommend reme- dial action was inappropriate, GAO will affirm determination upon request for reconsideration. 2. GAO will not direct award of a contract to firm whose complaint was sustained. Since complainant is one of three firms which previously provided services, non- competitive award cannot be justified on basis of uniqueness or prior experi- ence. 3. GAO does not normally review the imple- mentation of or alleged failure to implement executive branch policy in its bid protest function. The Civic Action Institute requests reconsidera- tion of our decision not to recommend remedial action in sustaining its complaint against an award of a cooperative agreement by the Department of Housing and Urban Development. We affirm our prior determination to apply the decision only prospectively. In Civic Action Institute, B-206272, Septem- ber 24, 1982, 61 Comp. Gen. , 82-2 CPD 270, we found that the Department of Housing and Urban Development had improperly entered into a cooperative agreement with the National Citizens Participation Council (NCPC) for purposes of providing technical assistance to Community Development Block Grant recipients. Even though NCPC's services ultimately were to be delivered to authorized grant recipients,

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