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B-215724 1 (1984-12-11)

handle is hein.gao/gaobadmbm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL oECInON . OP THU UNITEO mTATES ' WASHINGTON. D.C. 20548 FILE: B-215724 DATE: December 11, 1984 MATTER OF: Tonka Equipment Company DIQEST: 1. A grantee's determination that a proposed equipment supplier is nonresponsible is unobjectionable where it was based on past problems with the equipment, the supplier's failure to furnish the names of two installa- tions using its equipment (as required by the solicitation), and inadequate quality control, and the protesting supplier has not established that the grantee's determination was unreasonable. 2. An assertion of bias and collusion on the part of a grantee will not be considered where not supported by substantive evidence. 3. An allegation that a solicitation requirement was unnecessary is untimely and will not be considered by GAO where not raised prior to bid opening. Tonka Equipment Company (Tonka) has filed a complaint against a contract award made by the city of Whitehall, Wisconsin (City), for water treatment filtration improve- ments. Because the procurement is funded in large part (80 percent of the total cost or $331,000, whichever is less) by a grant from the Economic Development Administration (EDA), United States Department of Commerce, we will con- sider this complaint pursuant to our public notice entitled Review of Complaints Concerning Contracts Under Federal Grants, 40 Fed. Reg. 42,406 (1975). For the reasons dis- cussed below, we deny the complaint in part and dismiss it in part. The solicitation issued by the City provided that award would be made to the lowest responsible bidder and required a bidder to name the manufacturer of the equipment that formed the basis of the bid. Bidders also were per- mitted to name two alternate equipment manufacturers, with ~3Oq7

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