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B-213823 1 (1984-04-06)

handle is hein.gao/gaobadlqa0001 and id is 1 raw text is: THE COMPTROLLER GENERAL O C8ION .'OP THE UNITED STATES WA@HINO,TON. 0. C. 20540 FILE: DATE: April 6, 1984 B-213823 MATTER OF: Black Construction Corporation DIGEST: Federal grant complaint is dismissed when the issue in the complaint is pending before a court of competent jurisdiction and the court has not expressed an interest in obtaining the views of GAO. Black Construction Corporation (Black) complains about the proposed award of a contract to Reliable Builders, Inc. (Reliable), by the Department of Public Works, Government of Guam, for the construction of a public health center. Black complains that an award to Reliable would violate federal and local law and regulation which require that award be made to the responsible bidder having the lowest cost. The Guam Northern Area Health Center project has been partially supported by several grants from the Department of Health and Human Services, Public Health Service. Following several years in the selection of an appropriate construc- tion site and the design of the facility itself, the Public Health Service approved the construction plans of the Gov- ernment of Guam on September 8, 1982, and advised it to proceed with the advertisement, bidding, and contractor selection. A solicitation for the construction work was issued in October 1982. On the bid opening date, November 9, 1982, only bids from Black and Reliable were received. Subse- quently, the Government of Guam rejected the bids for lack of sufficient funds. On August 24, 1983, the Government of Guam advertised its intent to enter into competitive negotiations with Black and Reliable. Both Black and Reliable responded in September 1983 with price proposals. The Government of Guam selected Reliable's offer.

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