B-209828, JAN 17, 1983

B-209828, JAN 17, 1983

DIGEST: WHERE GRANTOR AGENCY MAINTAINS ESTABLISHED PROCEDURE FOR RESOLVING COMPLAINTS CONCERNING GRANTEE PROCUREMENT, GAO WILL NOT CONSIDER COMPLAINT UNLESS MATTER HAS FIRST BEEN PRESENTED TO AGENCY FOR ITS CONSIDERATION.

BAILEY CONTROLS COMPANY:

BAILEY CONTROLS COMPANY (BAILEY) COMPLAINS OF ITS EXCLUSION AS A BIDDER FROM A SOLICITATION ISSUED BY LAKE COUNTY, OHIO REGIONAL SEWER DISTRICT, IN CONNECTION WITH UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) GRANT C-391155-03.

THIS IS NOT A MATTER WE WILL REVIEW AT THIS TIME. IN OUR PUBLIC NOTICE PUBLISHED AT 40 FED.REG. 42406 (1975), WE STATED THAT WE WOULD CONSIDER COMPLAINTS CONCERNING PROCUREMENTS CONDUCTED BY RECIPIENTS OF FEDERAL GRANT FUNDS. OUR PURPOSE WAS TO INSURE ADHERENCE TO THE REQUIREMENTS OF THE GRANT INSTRUMENTS BY THE GRANTEES AND TO EXAMINE THE EFFORTS OF GRANTOR AGENCIES IN DISCHARGING THEIR RESPONSIBILITIES TO ASSURE THAT THOSE REQUIREMENTS WERE MET. HOWEVER, WHERE A GRANTOR AGENCY, SUCH AS EPA, HAS AN ESTABLISHED PROCEDURE FOR IDENTIFYING AND RESOLVING PROBLEMS CONCERNING GRANTEE PROCUREMENTS, WE WILL NOT CONSIDER A COMPLAINT UNLESS THE MATTER HAS FIRST BEEN PRESENTED FOR GRANTOR AGENCY CONSIDERATION. SANDERS COMPANY PLUMBING AND HEATING, 59 COMP.GEN. 243 (1980), 80-1 CPD 99.

WE UNDERSTAND THAT BAILEY HAS NOT PRESENTED THIS MATTER TO EPA FOR CONSIDERATION UNDER THAT AGENCY'S PROTEST PROCEDURES, WHICH ARE SET FORTH AT 40 C.F.R. SEC. 35.939 (1982). ACCORDINGLY, WE DISMISS THE COMPLAINT.