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B-215883 1 (1984-08-13)

handle is hein.gao/gaobadlvn0001 and id is 1 raw text is: dk t. - !~THE COMPTROLLER GENERAL DECIION . OP THE UNITED STATES WASHINGTON. O. C. 20548 FILE: B-215883 DATE: August 13, 1984 MATTER OF: Public Development Corporation DIGEST: 1. An Indian Housing Authority, which receives funds from the Department of Housing and Urban Development to fund construction, is tantamount to a grantee for purposes of GAO review of the Authority's contract awards. 2. A bid that does not offer to conform to the essential requirements of the invi- tation must be rejected as nonrespon- sive. Moreover, the bid may not be corrected after bid opening in order to make it responsive, since permitting correction would be tantamount to allowing the submission of a new bid. 3. A complainant who alleges that con- tracting officials acted in bad faith must submit virtually irrefutable proof that the officials had a malicious and specific intent to harm the complain- ant. Public Development Corporation (PDC) complains about the award by the Hoopa Valley Indian Housing Authority of a contract for the construction of 39 single family units to the second lowest bidder under project No. 90-4. PDC complains that the Authority improperly rejected its low bid as nonresponsive. The firm further alleges the Authority acted in bad faith in awarding the contract. We deny the complaint. Initially, we point out that an inter-tribal housing authority, receiving funds from the Department of Housing and Urban Development for housing construc- tion, is tantamount to a grantee for the purpose of our review. See Union City Plumbing, B-210959, B-211208, April 25, 1983, 83-1 CPD 455. Therefore, in reviewing the propriety of a competition conducted by an inter- tribal housing authority, we consider whether the

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