About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-186033 1 (1976-07-08)

handle is hein.gao/gaobaddbg0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISICN OF THE UNITED STATES WASHINGTON, D.C. 2054LB FILE: B-186033 DATE: July 8, 1976 MATTER OF: Hanson Realty Co. qV32- DIGEST: Protest against HUD's award of property management broker contract authorized by 12 U.S.C. § 1713 (1970) will not be considered, since there is no jurisdiction to decide protest because Secretary of HUD has broad authority pursuant to 12 U.S.C. § 1702 (1970) to make expenditures without regard to any other provisions of law governing the expenditures of public funds. By letter dated February 11, 1976, Hanson Realty Co. protested the rejection of its bid for a management broker contract by the Department of Housing and Urban Development (HUD). Pursuant to 12 U.S.C. § 1713(1) (1970), the Secretary of HUD may dispose of property notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States. Furthermore, 12 U.S.C. § 1702 (1970) author- izes the Secretary in pertinent part (1) to make such expenditures as are necessary to carry out the disposal of property and other functions without regard to any other provisions of law governing the expenditures of public funds and (2) to sue and be sued in any cogrt of competent jurisdiction. While this authority formerly resi~ed in the Commissioner of the Federal Housing Administration (FRA) it was transferred in 1965 to the Secretary of HUD by the Department of Housing and Urban Development Act, Public Law 89-174, § 5(a), 79 Stat. 669, .42 U.S.C. § 3534 (1970). In light of the extraordinary authority granted the Secretary of HUD by 12 U.S.C. § 1702, our Office has no legal basis to ques- tion the Secretary's expenditure of funds and has no basis to ap- prove or to take an exception to her accounts. Therefore, our Office is without authority to decide the protest and it will not be considered. Paul G, Dembling General Counsel I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most