B-209909, JAN 14, 1983

B-209909: Jan 14, 1983

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UMTA IS CONSIDERING MATTER UNDER ITS PROCEDURES. GAO WILL NOT CONSIDER COMPLAINT UNTIL MATTER HAS BEEN RESOLVED BY UMTA. THIS IS NOT A MATTER WE WILL REVIEW AT THIS TIME. 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. WE WILL NOT CONSIDER A COMPLAINT UNLESS THE MATTER HAS FIRST BEEN RESOLVED BY THE GRANTOR AGENCY. THAT IT IS CONSIDERING ALTA'S COMPLAINT THEREUNDER. WE WILL NOT CONSIDER ALTA'S COMPLAINT UNTIL IT HAS BEEN RESOLVED BY UMTA. THE COMPLAINT IS DISMISSED.

B-209909, JAN 14, 1983

DIGEST: URBAN MASS TRANSPORTATION ADMINISTRATION (UMTA) ISSUED FORMAL PROCEDURES FOR RESOLVING COMPLAINTS CONCERNING GRANTEE PROCUREMENTS ON JUNE 8, 1982 (UMTA CIRCULAR NO. 4220.1A, ATTACHMENT B). WHERE COMPLAINANT FILED COMPLAINTS CONCURRENTLY WITH GAO AND UMTA, AND UMTA IS CONSIDERING MATTER UNDER ITS PROCEDURES, GAO WILL NOT CONSIDER COMPLAINT UNTIL MATTER HAS BEEN RESOLVED BY UMTA.

ALTA TECHNOLOGY, INC.:

ALTA TECHNOLOGY, INC., COMPLAINS OF THE AWARD OF CONTRACT NO. Y 331N/DCTA 3-N TO CUBIC WESTERN DATA BY THE DADE COUNTY BOARD OF COMMISSIONERS PURSUANT TO A PROCUREMENT FUNDED WITH URBAN MASS TRANSPORTATION ADMINISTRATION (UMTA) FUNDS.

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 HAS AN ESTABLISHED PROCEDURE FOR IDENTIFYING AND RESOLVING PROBLEMS CONCERNING GRANTEE PROCUREMENTS, WE WILL NOT CONSIDER A COMPLAINT UNLESS THE MATTER HAS FIRST BEEN RESOLVED BY THE GRANTOR AGENCY. SEE MISENER MARINE CONSTRUCTION, INC., B-204330, AUGUST 20, 1981, 81-2 CPD 162.

UMTA HAS INFORMED US THAT IT ISSUED FORMAL PROTEST PROCEDURES ON JUNE 8, 1982 (UMTA CIRCULAR NO. 4220.1A, ATTACHMENT B), AND THAT IT IS CONSIDERING ALTA'S COMPLAINT THEREUNDER. ACCORDINGLY, WE WILL NOT CONSIDER ALTA'S COMPLAINT UNTIL IT HAS BEEN RESOLVED BY UMTA.

THE COMPLAINT IS DISMISSED.