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B-208687.2 1 (1984-09-17)

handle is hein.gao/gaobadlxc0001 and id is 1 raw text is: 





                          THE COMPTROLLER GENERAL
    OECISION      •       . OF THE UNITED STATES
                       S    WAS H I NGTO N. Q.C. 20548




    FILE: B-208687.2              DATE: Septeaber 17, 1984

    MATTER OF:      Railway Systems Engineering
                      Corporation
    DIGEST:



1. Complaint that firm was improperly excluded from
    competitive range based on weaknesses in pro-
    posal in comparison to competition is without
    merit where firm has not shown that exclusion
    from competitive range was unreasonable.

2. Complaint regarding deficiency apparent on the
    face of a solicitation in procurement funded
    with federal funds must be filed prior to the
    closing date of receipt of proposals.

3. In grant-funded procurement, where complainant
    chooses not to raise certain issues with
    grantee and where grantor thereafter declines to
    consider these issues under its protest
    procedures, GAO also refuses to review these
    matters since such action would tend to under-
    mine the effectiveness of grantor's grant
    administration function.

    Railway Systems Engineering Corporation (RSEC)
requests our review of the action of the Sacramento Transit
Development Agency (STDA) in the award of two engineering
consultant projects to support Sacramento's light rail
transit development program. STDA is a recipient of
federal grant funds from the Urban Mass Transportation
Agency (UMTA), Department of Transportation, pursuant to
UMTA grant project No. CA-29-9004. RSEC contends that
STDA's short listing process, i.e., the process by which
STDA selected firms in the competitive range with which to
conduct discussions, was defective since it eliminated the
more qualified firms from the competition. Our review is
undertaken pursuant to 40 Fed. Reg. 42406 (September 12,
1975).

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