B-212317, AUG 29, 1983
Highlights
GAO WILL NOT CONSIDER A COMPLAINT UNTIL THE MATTER FIRST HAS BEEN REVIEWED BY THE GRANTOR AGENCY. WE HAVE HELD THAT WHERE A GRANTOR AGENCY. WE WILL NOT CONSIDER A COMPLAINT UNLESS THE MATTER FIRST HAS BEEN REVIEWED BY THE GRANTOR AGENCY. WE HAVE TAKEN THIS POSITION BECAUSE OF OUR DESIRE NOT TO INTERFERE WITH THE FUNCTIONS AND RESPONSIBILITIES OF GRANTOR AGENCIES IN ADMINISTERING GRANTS. THE RECORD IN THIS CASE SHOWS THAT EPA IS CURRENTLY CONSIDERING THIS MATTER UNDER ITS ESTABLISHED COMPLAINT PROCESS CONTAINED AT 40 C.F.R. WE WILL NOT REVIEW LONGO-PUERTO RICO'S COMPLAINT UNTIL AFTER IT HAS BEEN REVIEWED BY EPA. THE COMPLAINT IS DISMISSED.
B-212317, AUG 29, 1983
DIGEST: WHERE GRANTOR AGENCY MAINTAINS ESTABLISHED PROCEDURES FOR RESOLVING COMPLAINTS CONCERNING GRANTEE PROCUREMENTS, GAO WILL NOT CONSIDER A COMPLAINT UNTIL THE MATTER FIRST HAS BEEN REVIEWED BY THE GRANTOR AGENCY.
LONGO-PUERTO RICO, INC.:
LONGO-PUERTO RICO, INC. COMPLAINS ABOUT THE PROPOSED CANCELLATION OF A SOLICITATION ISSUED BY THE PUERTO RICO AQUEDUCT AND SEWER AUTHORITY UNDER A GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY (EPA). WE DISMISS THE COMPLAINT.
WE HAVE HELD THAT WHERE A GRANTOR AGENCY, SUCH AS EPA, HAS ESTABLISHED PROCEDURES FOR IDENTIFYING AND RESOLVING PROBLEMS CONCERNING GRANTEE PROCUREMENTS, WE WILL NOT CONSIDER A COMPLAINT UNLESS THE MATTER FIRST HAS BEEN REVIEWED BY THE GRANTOR AGENCY. SANDERS COMPANY PLUMBING AND HEATING, 59 COMP.GEN. 243 (1980), 80-1 CPD 99. WE HAVE TAKEN THIS POSITION BECAUSE OF OUR DESIRE NOT TO INTERFERE WITH THE FUNCTIONS AND RESPONSIBILITIES OF GRANTOR AGENCIES IN ADMINISTERING GRANTS. ID.
THE RECORD IN THIS CASE SHOWS THAT EPA IS CURRENTLY CONSIDERING THIS MATTER UNDER ITS ESTABLISHED COMPLAINT PROCESS CONTAINED AT 40 C.F.R. SEC. 35.939 (1982). ACCORDINGLY, WE WILL NOT REVIEW LONGO-PUERTO RICO'S COMPLAINT UNTIL AFTER IT HAS BEEN REVIEWED BY EPA. SEE ALTA TECHNOLOGY, INC., B-209909, JANUARY 14, 1983, 83-1 CPD 38.
THE COMPLAINT IS DISMISSED.