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B-216587.2 1 (1984-12-04)

handle is hein.gao/gaobadmba0001 and id is 1 raw text is: THE COMPTROLLERN GENEAL OECISION . ' OP THE UNITED STATES WASHINSTON, 0. C. 20546 FILE: B-216587.2 DATE: :ecember 4, 1984 MATTER OF: Am Tech Export Trading Co., Inc.-- Request for Reconsideration DIGEST: Prior decision in which GAO declined to consider complaint of unsuccessful applicant for cooperative agreements is affirmed where applicant has not shown that grantor agency improperly used cooperative agreements instead of contracts to avoid the competitive requirements of procurement laws or that a conflict of interest exists. Am Tech Export Trading Co., Inc. (Am Tech), requests reconsideration of our decision, Am Tech Export Trading Co., Inc., B-216587, Oct. 22, 1984, 84-2 C.P.D. __, in which we dismissed Am Tech's complaint in connection with the award of cooperative agreements for minority export con- suiting services under project No. 06-1084001-01 issued by the Minority Business Development Agency (MBDA), Department of Commerce. In that decision, we refused to consider Am Tech's contention that MBDA violated laws governing competitive procurements by not awarding the cooperative agreements to Am Tech, the allegedly low bidder. We explained that we generally do not review complaints concerning the award of grants or cooperative agreements, except where there is some showing that the agency is using that type of assistance instrument instead of a contract to avoid the statutory and regulatory requirements for competition or that a conflict of interest exists. Innocept, Inc., B-208065, Sept. 13, 1983, 83-2 C.P.D. 317; Innocept, Inc.--Reconsideration, B-209781.2, Mar. 28, 1983, 83-1 C.P.D. 315; Del Manufac- turing Company, B-200048, May 20, 1981, 81-1 C.P.D. 1 390. We limit our review thusly because the award of grants and cooperative agreements is not significantly controlled by statutes and regulations having the force and effect of law as in the award of procurement contracts, and our involve- ment therefore would result i1 interference with the admin- istration by executive branch agencies of their financial assistance programs. Innocept, Inc., B-208065, supra. Am Tech had not alleged or shown that cooperative agreements r_%13l

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