B-211065, APR 11, 1983

B-211065: Apr 11, 1983

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DIGEST: GAO WILL NOT CONSIDER PROTEST CONCERNING PROCUREMENT ACTIONS OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) IN CONNECTION WITH PROPERTY MAINTENANCE RESPONSIBILITIES UNDER NATIONAL HOUSING ACT. PINE CONTENDS THAT THE AWARDEE'S BID WAS DEFECTIVE BECAUSE IT FAILED TO SPECIFY THE NAME OF THE INSURANCE COMPANY THAT WOULD BE PROVIDING THE COVERAGE. WE HAVE BEEN INFORMALLY ADVISED THAT THE PROCUREMENT WAS CONDUCTED UNDER THE AUTHORITY OF THE NATIONAL HOUSING ACT. THE ACT AUTHORIZES THE SECRETARY OF HUD TO MAKE SUCH EXPENDITURES AS ARE NECESSARY TO CARRY OUT THE MAINTENANCE OR IMPROVEMENT OF PROPERTY WITHOUT REGARD TO ANY OTHER PROVISION OF LAW GOVERNING THE EXPENDITURE OF PUBLIC FUNDS. 12 U.S.C.

B-211065, APR 11, 1983

DIGEST: GAO WILL NOT CONSIDER PROTEST CONCERNING PROCUREMENT ACTIONS OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) IN CONNECTION WITH PROPERTY MAINTENANCE RESPONSIBILITIES UNDER NATIONAL HOUSING ACT, 12 U.S.C. SEC. 1701 ET SEQ., IN VIEW OF BROAD STATUTORY AUTHORITY OF HUD TO MAKE EXPENDITURES IN CONNECTION WITH THOSE RESPONSIBILITIES.

EDWARD H. PINE INSURANCE:

EDWARD H. PINE INSURANCE PROTESTS THE AWARD OF A CONTRACT TO PROVIDE COMPREHENSIVE GENERAL LIABILITY INSURANCE UNDER INVITATION FOR BIDS (IFB) NO. 83-2 ISSUED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). PINE CONTENDS THAT THE AWARDEE'S BID WAS DEFECTIVE BECAUSE IT FAILED TO SPECIFY THE NAME OF THE INSURANCE COMPANY THAT WOULD BE PROVIDING THE COVERAGE. WE DISMISS THE PROTEST.

WE HAVE BEEN INFORMALLY ADVISED THAT THE PROCUREMENT WAS CONDUCTED UNDER THE AUTHORITY OF THE NATIONAL HOUSING ACT, 12 U.S.C. SEC. 1701, ET SEQ. (1976). THE ACT AUTHORIZES THE SECRETARY OF HUD TO MAKE SUCH EXPENDITURES AS ARE NECESSARY TO CARRY OUT THE MAINTENANCE OR IMPROVEMENT OF PROPERTY WITHOUT REGARD TO ANY OTHER PROVISION OF LAW GOVERNING THE EXPENDITURE OF PUBLIC FUNDS. 12 U.S.C. SEC. 1702.

IN VIEW OF THIS EXTRAORDINARY AUTHORITY GRANTED THE SECRETARY, WE HAVE NO LEGAL BASIS TO QUESTION THE SECRETARY'S EXPENDITURE OF FUNDS UNDER THAT PROVISION. ELECTRONICS METHODS ASSOCIATES, INC., B-206124, MARCH 15, 1982, 82-1 CPD 240.

THE PROTEST IS DISMISSED.