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B-210959,B-211208 1 (1983-04-25)

handle is hein.gao/gaobadlay0001 and id is 1 raw text is: ev I, //


                         THE COMPTROLLER GENERAL
OECISION               . OF THE UNITEO STATES
                   V.    WASHINGTON. 0. C. 205418



FILE:    B-210959, B-211208   DATE: April 25, 1983

MATTER OF:
             Union City Plumbing

DIGEST:


       GAO will not consider a complaint that a
       prime contractor with an Indian Housing
       Authority did not comply with Department of
       Housing and Urban Development regulations
       and contract provision requiring a pref-
       erence in awarding subcontracts be given to
       Indian-owned enterprises unless it is shown
       the subcontract award was for the Indian
       Housing Authority.


       union City Plumbing complains about a subcontract
  award in connection with the construction of low-income
  Indian housing under Southern Puget Sound Inter-Tribal
  Housing Authority Project No. 19-BO-52-006. The Housing
  Authority entered into a prime contract with Walsh
  Construction Co. for the project, which is funded by the
  Department of Housing and Urban Development (HUD) and is
  subject to HUD regulations directing, among other things,
  that the Housing Authority's contracts include a provision
  requiring that preference in the award of subcontracts be
  given to Indian organizations and Indian-owned economic
  enterprises to the greatest extent feasible. 24 C.F.R.
  805.204(b)(1982). Union City Plumbing, apparently an
  Indian-owned enterprise, complains that Walsh Construction
  refused to award it a subcontract and instead made an award
  to a non-Indian firm, thus failing to implement the Indian
  preference.

       We dismiss the complaint.

       We have previously ruled that, under our Public Notice
  entitled Review of Complaints Concerning Contracts under
  Federal Grants, 40 Fed. Reg. 42406 (1975), we will con-
  sider complaints concerning contract awards made by inter-
  tribal housing authorities for construction of low-income

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