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B-202348 1 (1981-03-27)

handle is hein.gao/gaobadjgi0001 and id is 1 raw text is: 




                            THE COMPTROL      R GENERAL
    DECISION     .          OF THE UNITED       STATES
                            WASHINGTON, 0.C. 2054e



    FILE:       B-202348         DATE:   March 27, 1981
    MATTER OF:
                     TYCO-Synfuels Corporation


    DIGEST:

         When lmplaint regarding award of competitive
         gran  does not fall within one of exceptions
         to G)® policy of not interfering with agency
         discretion in award of grants, GAO will decline
         to review matter.


         TYCO-Synfuels Corporation complains about the denial
    of a grant to the firm for feasibility studies for alter-
    native fuels production under Department of Energy (DOE)
    solicitation No. DE-PS01-80RA-50412. The firm alleges
    that DOE's reasons for not funding its proposal are
    unreasonable, unfair, and arbitrary and capricious.

         We recently considered a complaint involving another
    DOE competition for the award of grants for synfuels
    studies. We stated that since the complainant had
    neither alleged nor presented evidence that the agency
    chose to award grants instead of contracts in order to
    circumvent the procurement statutes and regulations,
    or that a serious conflict of interest was involved,
    we would not depart from our usual policy of declin-
    ing to review grant awards. Johnson Products, Inc.,
    B-198976, February 24, 1981, 81-1 CPD    . Our policy
    is based on the large amount of discretion given agencies
    in awarding grants. See our Public Notice at 40 Fed.
    Reg. 42406 (1975).

         In view of the fact that TYCO-Synfuels complaint
    does not fall within one of the stated exceptions to
    our policy, it is also dismissed.




                               Harry R. Van Cleve
                               Acting General Counsel




/H

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