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B-193600 1 (1979-01-16)

handle is hein.gao/gaobadgvc0001 and id is 1 raw text is: - THE COMPTROLLER GENERALT -4 DECISION . OF THE UN-ITED STATES WASHINGTON., D.C. 20548 FILE: B-193600 DATE: January 16, 1979 MATTER OF: Washington State Department of Transportation DIGEST: /I 7~Al~~ State agency request for review of Federal agency decision denying grant is dismissed because denial of grant application is dis- cretionary matter and Federal agency does not request review by GAO. The Washington State Department of Transportation (the State) requests our review of a decision by the U.S. Department of Transportation's Urban Mass Trans- portation Administration (UMTA) which denied the State's grant application. The denial stems from the contracting procedures followed by the State in awarding a contract for six new ferry vessels to be used for the transportation of commuters and other foot passengers across Puget Sound within urban areas of the State of Washington. UMTA has. determined that it will not participate in the funding of the ferries pursuant to a capital facilities grant under Section 3 of the Urban Mass Transportation Act, 49 U.S.C. § 1602 (1970 and Supp. V 1975). With regard to our review function in the area of Federal grants, we have noted that the General Accounting Office, upon receipt of complaints from prospective con- tractors, will undertake reviews concerning the propriety of contract awards made by grantees pursuant to grants awarded by Federal agencies, in order to foster compliance with grant terms, agency regulations, and applicable statu- tory regulations. 40 Fed. Reg. 42406 (1975). However, the instant situation, in which the State challenges UMTA's discretionary decision not to award a grant, is not for our consideration. We held in All Indian Pueblo Council, Inc., B-190092, September 22, 1977, 77-2 CPD 219 that:

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