[Protest of HHS Contract Award for Technical and Other Services]
Highlights
A firm protested a Department of Health and Human Services (HHS) contract award for technical assistance, contending that HHS: (1) improperly engaged in technical levelling when it reopened negotiations with the awardee; (2) failed to follow applicable regulations in addressing its bid mistake; and (3) improperly rejected its corrected bid. GAO held that: (1) HHS reasonably reopened discussions with the awardee in order to clarify certain bid information; (2) the protester untimely filed its protest against HHS failure to address its bid mistake more than 10 working days after it knew the basis of protest; and (3) HHS was not obligated to reopen discussions with the protester concerning its bid mistake, since the mistake was not apparent from the face of the bid. Accordingly, the protest was denied.
B-204980.2, NOV 5, 1981
DIGEST: GAO WILL NOT CONSIDER A BID PROTEST CONCERNING A PROCUREMENT BY THE FEDERAL HOME LOAN BANK BOARD, SINCE GAO HAS AUDIT BUT NOT SETTLEMENT AUTHORITY OVER THE BOARD'S ACTIVITIES.
ALLIED MAINTENANCE CORPORATION:
ALLIED MAINTENANCE CORPORATION PROTESTS THE AWARD OF CONTRACT 682006 BY THE FEDERAL HOME LOAN BANK BOARD TO MACKE BUILDING SERVICES FOR JANITORIAL SERVICES. THE PROTESTER CONTENDS THAT THE BOARD IMPROPERLY ALLOWED MACKE TO REVISE ITS BID AFTER BID OPENING.
WE WILL NOT CONSIDER THE MATTER.
THE FUNDS USED TO PAY FOR THE JANITORIAL SERVICES COME FROM BOARD ASSESSMENTS OF MEMBER BANKS AS PROVIDED FOR IN 12 U.S.C. SEC. 1438(C) (1976). THE STATUTE STATES THAT THE BOARD IS TO BE CONSIDERED A WHOLLY OWNED GOVERNMENT CORPORATION FOR PURPOSES OF THE GOVERNMENT CORPORATION CONTROL ACT, 31 U.S.C. SECS. 846-852, AND FURTHER PROVIDES THAT WHILE THE BOARD MUST MAINTAIN AN INTEGRAL SET OF ACCOUNTS FOR ANNUAL AUDIT BY THE GENERAL ACCOUNTING OFFICE, "NO OTHER AUDIT, SETTLEMENT, OR ADJUSTMENT SHALL BE REQUIRED WITH RESPECT TO TRANSACTIONS UNDER THIS SUBSECTION OR WITH RESPECT TO CLAIMS, DEMANDS, OR ACCOUNTS BY OR AGAINST ANY PERSON ARISING THEREUNDER." OUR OFFICE'S RESPONSIBILITY UNDER THE GOVERNMENT CORPORATION CONTROL ACT SIMILARLY IS LIMITED TO PERFORMING AN AUDIT IN ACCORDANCE WITH THE PRINCIPLES AND PROCEDURES THAT APPLY TO COMMERCIAL CORPORATE TRANSACTIONS. 31 U.S.C. SEC. 850.
THEREFORE, AND SINCE OUR BID PROTEST JURISDICTION IS BASED ON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER 31 U.S.C. SECS. 71 AND 74, WE WILL NOT CONSIDER THE MERITS OF THE PROTEST. SAPHIER, LERNER, SCHINDLER, ENVIRONETICS, INC., B-183332, APRIL 28, 1975, 75-1 CPD 263.