[Complaint Regarding Subcontract Award]

A firm complained about a subcontract award by a housing authority under funding by the Department of Housing and Urban Development (HUD) in connection with the construction of low-income Indian housing. The complainant contended that the prime contractor had failed to implement the Indian preference. However, GAO stated that the complaint did not involve a contract made by the housing authority, which was the recipient of HUD funding, but by the housing authority's prime contractor, and the complainant did not show that the housing authority participated in the award process. Although the prime contractor made a commitment in its offer to comply with the solicitation provision requiring that preference be given to Indian-owned enterprises in subcontracting, whether it actually complied was a matter of contract administration, which was the responsibility of the housing authority and HUD, not GAO. Accordingly, the complaint was dismissed.