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B-210056 1 (1983-05-16)

handle is hein.gao/gaobadlbr0001 and id is 1 raw text is: , THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES 4, WASHINQTON. 0. C. 20548 FILE: B-210056 DATE: May 16, 1983 MATTER OF: J & A Inc. DIGEST: 1. Indian Self-Determination and Education Assistance Act does not require the recipient of Department of Housing and Urban Development (HUD) assistance funds to select an Indian- owned firm for a contract for the benefit of Indians where the agency reasonably decides the firm does not have the experience to perform as required, because the statute, as well as HUD's implementing grant regulations, call for preference to the greatest extent feasible, which confers broad discretionary authority with respect to selection decisions. 2. GAO will not review the Department of Housing and Urban Development's implementation of the Indian preference in the Indian Self-Determination and Education Assistance Act in that agency's various assistance programs nationwide, since the same matter is before a court of competent jurisdiction. 3. GAO will not consider hypothetical questions about various agencies' implementations of the Indian preference in the Indian Self-Determination and Education Assistance Act in response to request by Indian firm that was not awarded a contract by an Indian Housing Authority. J & A Inc. complains about the rejection of its proposal to furnish architectural and engineering services to the North Pacific Rim Housing Authority in Alaska in connection with a housing project for the Village of Chenega. The project will be funded by the Department of Housing and Urban Development (HUD). J & A, an Indian- owned firm, asserts its proposal should have been 0 ) a 1

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