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B-207612 1 (1982-11-05)

handle is hein.gao/gaobadkrx0001 and id is 1 raw text is: 


                        . . TI-IE COMPT3ROLLER GENERAL
  OIECISICN       :.r-, r )- oF THE UNITED STATES
                           WASHINGTON. 0. C. 20548




  FILE: B-207612                 DATE:   November 5, 1989

  MAATTER OF;     Fischbach, McCoach & Associates, Inc.


  DIGEST:

     Complaint regarding the award of cooperative
     agreements will not be considered where
     complainant has not shown that agency awarded
     agreements to circumvent the procurement laws
     or regulations or that conflict of interest
     was involved.

     Fischbach, McCoach & Associates, Inc. (Fischbach),
complains of the Small Business Administration's (SBA)
award of cooperative agreements for management and
technical assistance under project No. MSB-82-001-00 to
First Harlem Management Corporation (FHMC) for four
geographic areas in New York and to Raven Management
Associates, Inc. (Raven), for one geographic area in
New York.

     Fischbach complains about the award of a single
cooperative agreement to FHMC for four geographic areas
because Fischbach contends that structuring the
solicitation into those four task areas indicated an
intention to make four awards. Fischbach also asserts
that thE agency evaluation process did not adequately
consider either Fischbach's lower cost or the hich
caliber of Fischbach's prior work. Further, Fischbach
questions whethe'r FHMC pcssesses the necessary
expertise required to fulfill the cooperative agreement
requirements. With respect to the award to Raven,
Fischbach states that it submitted a much lower cost
proposal than Raven.

     We dismiss the complaints.

     We will consider complaints from prospective
contractors concerning the award of contracts by
grantees under Federal grants in order to foster
compliance with grant terms and with statutory and
regulatory rquiremenrs. GAD Public Notice, 40 Fed.
Reg. 42406 (1975). However, as the Public Notice
indicates, it is not our intention to interfere with
the function and cesponsibility of grantor agencies in


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