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B-209781 1 (1982-12-02)

handle is hein.gao/gaobadkth0001 and id is 1 raw text is: THI NCOIVPTROLL1EP MNERAL DECISiON OF THU UNITED STATUS WA3 H IN L3TO N D, 0',0R. DOCSat FILE: B-209781 DATE: December 2, 1982 MATTER OF: Innocept, Inc. DIGEST: Complaint regarding the award of a coopera- tive agreement will not be considered where complainant has not made some showing that contract rather than cooperative agreement should have been used or that conflict of interest was involved, Innocept, Inc. complains of the award of a cooper- ative agreement for the operation of Rural Assistance Program Project No. 06-60-82023-01 to the National Coun:il of LaRaza by the Minority Business Development Agency (MBDA), Department of Commerce, We dismiss the complaint. Innocept contends that MBDA evaluated applicants in an unfair and discriminatory manner and therefore failed to abide by the method set forth in the agency's grant administration manual for selecting the recipients of a cooperative agreement. It further contends that the agency violated its manual by not providing notice of award to all applicants at the same time. We consider complaints from prospective contractors concerning the award of contracts by grantees under Federal grants in order to foster compliance with grant terms and statutory and agency regulations. GAO Public notice, 40 Fed. Reg. 42406 (1975). owever, as the Public Notice indicates, it is not our intention to interfere with the functions and responsibilities of grantor agencies in the actual award of grants. While the Federal assistance instrument in this case is a cooperative agreement rather than a grant, for the purposes of our review cooperative agreements and grants are treated alike. Del Manufacturing Company, B-200048, May 20, 1981, 81-1 CPD 390.

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