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B-216587 1 (1984-10-22)

handle is hein.gao/gaobadlyy0001 and id is 1 raw text is: 

                          THE COMPTROLLER GENERAL
  OECISION                OP THE UNITED STATE8
                           WASHINGTON. D. C. 20548



       B-2 16587
  FILE:                         DATE: October 22, 1984
               Am-Tech Export Trading Co., Inc.
  MATTER OF:


  DIGEST:
     Complaint regarding award of cooperative
     agreements will not be considered where
     complainant has not made some showing that
     contracts rather than cooperative agreements
     should have been used or that conflict of
     interest was involved.

     Am-Tech Export Trading Co., Inc. (Am-Tech), complains
of the award and pending award of cooperative agreements for
minority export development consulting services in various
geographical areas under Project No. 06-1084001-01 by the
Minority Business Development Agency (MBDA), Department of
Commerce. We dismiss the complaint.

     Am-Tech contends that the MBDA violated laws governing
competitive procurements by not awarding the cooperative
agreements to Am-Tech, the allegedly low bidder. MBDA
informally has advised us that Am-Tech's complaint concerns
the award of cooperative agreements rather than procurement
contracts.

     We generally do not review complaints concerning the
award of grants or cooperative agreements, unless there is
some showing that the agency is using a grant or cooperative
agreement where a contract is required, that is, the agency
is using the grant award process to avoid the competitive
requirements of procurement laws, or that a conflict of
interest exists. Innocept, Inc., B-208065, Sept. 13, 1983,
83-2 C.P.D.   317; Innocept, Inc.--Reconsideration,
B-209781.2, Mar. 28, 1983, 83-1 C.P.D.   315; Del Manufac-
turing Company, B-200048, May 20, 1981, 81-1 C.P.D. 1 390.
We limit our review because the award of grants and coopera-
tive agreements is not significantly controlled by statutes
and regulations having the force and effect of law as in the
award of procurement contracts, and our involvement there-
fore would result in interference with the administration by
executive branch agencies of their financial assistance
programs. Innocept, Inc., B-208065, supra. In this connec-
tion, Am-Tech's allegation provides no basis for review by
this Office since the firm has not alleged or shown that

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