B-178972, AUG 16, 1973
Highlights
GAO IS UNABLE TO CONSIDER PROTEST AGAINST PROSPECTIVE AWARD OF A GRANT FROM THE OFFICE OF ECONOMIC OPPORTUNITY TO THE U.S. JAYCESS FOUNDATION FOR RECORDING AND DISSEMINATING SUCCESS STORIES OF SELF-HELP GROUPS OF POOR PEOPLE BECAUSE SUCH A GRANT IS NOT SUBJECT TO GAO'S BID PROTEST PROCEDURES. HAVE BEEN RECEIVED. BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE MAY DO SO BY A TELEGRAM OR LETTER TO THE GENERAL COUNSEL. SUCH AS IS INVOLVED HERE. IS NOT THE SAME AS A CONTRACT AS THAT TERM IS USED IN THE CITED PROVISION. SUCH A GRANT IS NOT SUBJECT TO THE GENERAL RULES PERTAINING TO GOVERNMENT CONTRACTS. THE AWARDING THEREOF IS.
B-178972, AUG 16, 1973
GAO IS UNABLE TO CONSIDER PROTEST AGAINST PROSPECTIVE AWARD OF A GRANT FROM THE OFFICE OF ECONOMIC OPPORTUNITY TO THE U.S. JAYCESS FOUNDATION FOR RECORDING AND DISSEMINATING SUCCESS STORIES OF SELF-HELP GROUPS OF POOR PEOPLE BECAUSE SUCH A GRANT IS NOT SUBJECT TO GAO'S BID PROTEST PROCEDURES.
TO MR. HOWARD W. HALLMAN:
YOUR LETTER OF JUNE 21, 1973, PROTESTING THE PROSPECTIVE AWARD OF A GRANT FROM THE OFFICE OF ECONOMIC OPPORTUNITY TO THE UNITED STATES JAYCEES FOUNDATION FOR RECORDING AND DISSEMINATING SUCCESS STORIES OF SELF-HELP GROUPS OF POOR PEOPLE, AND YOUR LETTER OF JULY 23, 1973, PROTESTING THE ACTUAL AWARD OF SUCH GRANT, HAVE BEEN RECEIVED.
OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 CFR 20.1(A), PROVIDES:
"AN INTERESTED PARTY WISHING TO PROTEST THE PROPOSED AWARD OF A CONTRACT, OR THE AWARD OF A CONTRACT, BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE MAY DO SO BY A TELEGRAM OR LETTER TO THE GENERAL COUNSEL, GENERAL ACCOUNTING OFFICE, WASHINGTON, D.C. 20548."
A GRANT, SUCH AS IS INVOLVED HERE, IS NOT THE SAME AS A CONTRACT AS THAT TERM IS USED IN THE CITED PROVISION. SUCH A GRANT IS NOT SUBJECT TO THE GENERAL RULES PERTAINING TO GOVERNMENT CONTRACTS, INCLUDING OUR BID PROTEST PROCEDURES, AND THE AWARDING THEREOF IS, TO A LARGE EXTENT, DISCRETIONARY WITH THE GRANTING AGENCY. THE BID PROTEST AUTHORITY OF OUR OFFICE DOES NOT EXTEND TO THE AWARDING OF GRANTS NOR DO WE HAVE LEGAL AUTHORITY TO REQUIRE OEO TO WITHHOLD THE AWARDING OF A GRANT PENDING SUBMISSIONS OF ADDITIONAL MATERIALS BY OTHER GRANT APPLICANTS.
HENCE, YOUR PROTEST IN THIS MATTER MAY NOT BE CONSIDERED BY OUR OFFICE, AND WE MUST DECLINE TO RULE ON ITS MERITS. WE WILL, HOWEVER, GIVE APPROPRIATE CONSIDERATIONS TO THE MATTERS MENTIONED IN YOUR LETTER IN CONNECTION WITH ANY AUDIT WE MAY MAKE OF OEO GRANT ACTIVITIES.