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B-187423 1 (1977-11-21)

handle is hein.gao/gaobadfjx0001 and id is 1 raw text is: y THG COMPTROLaR WENSRAL DEUCIS6CN .tP a= TwE UNVrIEO *rATE WABHINGTON. 0. 0. 20;48 FILE: E-187423 DATE: November 21, 1977 MATTER LF: Comple.e Irrigation, Inc. OIGEST: 1. Grantee's actions--in (1) procuring irrigation system by competitive negotiation rather than formal advertising, (2) calling for offerors to exert design effort, rather than specifying one set method of irrigation as basin for competi- tion, and (3) not conducting discussions wita offeror whose proposal had in effect been excluded from competitive range-- are not objectionable under Economic Development Administration grant regulations or f'ndameutal principles of Federal negotiated 7rocurement, 2. Grmeatee's failure to issue adequate wri:ten solicitation was aeparture from Economic Development Administration grant regu- lations and fundamental principles of Federal negotiated pro- curement. Solicitation should have given at least general description of contemplated irrigation project, informed offarors of various requirements which would be imposed on contractor, provided for common cutoff date for proposal sub- mission, and given indication of relative importance of price versus technical factors. This is out decisior. an a request by Complete Irrigation, Inc. (Cr1), that we review the award of a contract by the Northern Cheyenne Tribelof the Northern Cheyenne Indian Reservation, Lame Deer, Montana, a recipient of Federal. grant funds from the Economic Development Administration (EDA), Department of Commerce. Our review is undertaken pursuant to 40 Fed. Reg. 42406 (1975), where we stated that we would consider nomplaints concerning contracts awarded under Federal grants. SDA's grant Li the amount of, $350,000 was for a sprinler irriga- tion project, including design work and the furnishing of irrigation equipment. In conducting the procurement for this work, the grantee was assisted by Brigham Young University persoxnel including a technical assistant associated with the University. The record indicates that the technical assistant solicited bids or proposals fron prospective offerors. C11 and four other concernz submitted offers. These were evaluated in terms of their system designs, total custs and the offerorc' I- I '1 1 I

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