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[Complaint Concerning Proposed Selection of Developer by Federally Assisted Public Housing Authority]

B-215007 Sep 25, 1984
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Highlights

A firm complained about the proposed selection of a developer for two public housing projects owned by a housing authority which received financial assistance from the Department of Housing and Urban Development. The protester alleged that, after proposal selection, the authority improperly allowed another developer to substitute for or join the awardee which was tantamount to acceptance of a late proposal. It also alleged that the authority failed to give it sufficient credit in evaluating its proposal for use of minority subcontractors. As a result of discussions between the authority and the awardee, the vice president of the awardee's proposed subcontractor agreed to sign the contract's guarantee of performance which improved the awardee's proposal scoring for experience. GAO found nothing improper in the authority's attempt to clarify or expand the role of this individual who was proposed as the awardee's general contractor, nor did GAO object to his signing the guarantee of completion. GAO found that the authority properly considered the separate qualifications of each of the legal entities proposed as general contractor. Since this was a matter of contractor responsibility, it was properly considered and clarified after proposal submission. Since the signatory was a principal of the awardee's subcontractor, and the solicitation stated that the guarantee of completion could be either corporate or personal, GAO found that the signing of the guarantee by an individual was permissible. Furthermore, GAO found that changing the protester's rating as to use of minority subcontractors would not change its overall ranking in this category. If correction of inaccuracies does not change the relative standing of the offerers, the inaccuracies do not provide a basis to sustain a protest. Accordingly, the protest was denied.

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