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B-207853,B-207969 1 (1983-04-05)

handle is hein.gao/gaobadkzk0001 and id is 1 raw text is: 


                        Ir Ir THE COMPTROLLER GENERAL
    DECISION'             . OF THE UNITED       STATEU
                          4' WASHINGTON. 0O.C. 20549



    FILE:    B-207853; B-207969   DATE: April 5, 1983

    MATTER OF:      Association of Soil and Foundation
                      Engineers
    DIGEST:


 1.   Complaint with respect to procurement prac-
      tices followed by state in procuring site
      survey will not be considered where no
      Federal funding is involved.

 2.   Since the protester has not shown that second
      grantee state's procurement of soil engi-
      neer's services was legally improper, its
      complaint is denied.


      The Association of Soil and Foundation Engineers
 (ASFE) complains of two allegedly improper procurements for
 site surveys in connection with construction for National
 Guard Armories. One of the procurements was conducted by
 the State of Florida Department of Military Affairs; the
 other, by the Montana Army National Guard.

      According to ASFE, the procurements are defective
 because they involve the selection of a professional engi-
 neering firm on an improper bid basis. Both procure-
 ments, ASFE says, require the involvement of a registered
 professional engineer. ASFE maintains that the law or
 settled practice in Florida and Montana requires that the
 selection of a professional engineer be based on quality
 rather than on price.

      ASPE points out that to qualify for Federal funding
,the states must comply with regulations of the National
Guard Bureau (NGB), Departments of the Army and Air Force.
Section III, paragraph 21 of National Guard Regulation
(NGR) 415-5 requires that states seeking funding for proj-
ects prepare a site survey report, which must include a
certificate of soil bearing capacity signed by the quali-
fied soils engineer preparing the report. Under section
II, paragraph 12b, the Federal Government may pay for all
or a portion of the cost of such a survey, but it will not


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