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B-212956 1 (1983-10-04)

handle is hein.gao/gaobadljc0001 and id is 1 raw text is: 0Q- rTHE COMPTROLLER GENERAL DECISION , .,OP THE UNITED STATED WASHINGTON, 0. C. 20548 (JTLD FILE: B-212956 DATE: October 4., 1983 MATTER OF: Department of Interior Request for Advance Decision DIGEST: There is no authority for payment of a poten- tial subcontractor's bid preparation costs where the government played no role in the selection of another subcontractor. The Bureau of Indian Affairs has requested an advance decision regarding its authority to pay bid preparation costs incurred by a prospective subcontractor where the Bureau has awarded a prime contract under section 102 of the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450f (1976). We conclude that there is no authority to make such payment. The Bureau awarded a prime contract to the Crow Creek Sioux Tribe for an irrigation program on the reservation. The prime contract was awarded pursuant to the Act's direc- tion that the Secretary of the Interior contract with Indian tribes under various circumstances if they so request. See Boyer, Biskup, Bonge, Noll, Scott & Associ- ates, Inc., 55 Comp. Gen. 765 (1976), 76-1 CPD 110. The Bureau reports that Valmont Industries has filed a bid preparation cost claim in connection with the Tribe's procurement of a subcontractor. Investigation by the Bureau has established that, although the solicitation documents issued by the Tribe included a design specifica- tion, the Tribe informally advised some of the bidders that they could submit their own designs as long as tribal needs were met. The claimant contends that it was not advised that it could deviate from the specifications, and that the design offered by the awardee is nonresponsive to the specifications as written. In this respect, the Bureau states that its regulations require that subcontract oppor- tunities pursuant to section 102 be advertised or negoti- ated in a manner that provides full and free competition

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