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B-189854 1 (1978-02-15)

handle is hein.gao/gaobadfss0001 and id is 1 raw text is: II T 4K COMPTROLLER WNSNPAL CEC CION . OP TNE UNITEO STATES WASHINGTON. D.C. 2054O FILE! B-189854 DATE:February 1, 1978 MATTER OF: Fischer & Porter Company DIGEST: Statement in 40 Fed. Reg. 42406 (1975) that GAO will review complaints concerning con- tracts awarded under Federal grants upon request of prospective contractors refers, generally, to bidders under grantee's solici- tation. Where no unsucceisful bidders on prime contract have requested review, com- plaint filed.'after award by unsuccessful bidder's stubcontractor--which allenes non- responsiveness of successful bid and deficiencies in grantee's solicitation-- So dismissed. Fischer & Porte: (FsP) has requested tl;at we review a procurement action by the Milwaukee, Wisconsi; Sewerage Commission (MSC) under a grant frojm the Federal Disaster Assistance Administ::ation, Department of Housing and. Urban Development. Bid. vera submitted to MSC in November 1976, for the repair or replacement of certain flow meters. Grunau Company, Inc. (which' offered to repair the meters), was the low bidder, Butters-Fetting Co., Inc. (repair), was the second ±ow bidder and Advance Mechanical Contractors (AMC) (replace with P&P meters) was third low. MSC awarded the contract to Grunau. However, in Apri± 1977 the contract was rescinded because of a mutual mistake of material fact between the parties. In June 1977, HSC awarded the contract to Butters-Fetting on the basis of its November 197E bid. FSP then filed its complaint with our Office. P&P maintains initially that the bid documents sub- altted by Butters-Fetting were deficient because certain portions of the bid ere not fully completed. Further, it is alleged that the bid does not comply with the specifications because repair of the existing meters to I -1 -

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