B-190377, NOV 1, 1977

B-190377: Nov 1, 1977

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GENERAL ACCOUNTING OFFICE WILL NOT CONSIDER PROTESTER'S ALLEGATION OF COLLUSIVE BIDDING PRACTICES. SINCE JURISDICTION IN SUCH MATTERS IS COMMITTED EXCLUSIVELY TO ATTORNEY GENERAL AND FEDERAL COURTS. WE HAVE HELD THAT THIS SECTION REQUIRES THAT EVIDENCE OF COLLUSIVE BIDDING IN ADVERTISED PROCUREMENTS SHOULD BE REFERRED TO THE ATTORNEY GENERAL BY THE PROCURING AGENCY. IT IS NOT WITHIN OUR JURISDICTION TO DETERMINE WHAT CONSTITUTES A VIOLATION OF A CRIMINAL STATUTE. THE PROTEST IS DISMISSED.

B-190377, NOV 1, 1977

GENERAL ACCOUNTING OFFICE WILL NOT CONSIDER PROTESTER'S ALLEGATION OF COLLUSIVE BIDDING PRACTICES, SINCE JURISDICTION IN SUCH MATTERS IS COMMITTED EXCLUSIVELY TO ATTORNEY GENERAL AND FEDERAL COURTS.

KAUFMANN-DEDELL PRINTING, INC., HAS PROTESTED TO OUR OFFICE THE POSSIBILITY OF COLLUSIVE BIDDING BY TWO FIRMS UNDER INVITATION FOR BIDS NO. 263-77-B(86)-3140CC, ISSUED BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE.

FEDERAL PROCUREMENT REGULATIONS SEC. 1-1.901 (1964 ED. CIRC. 1) GOVERNS THE REPORTING OF POSSIBLE ANTI-TRUST VIOLATIONS. WE HAVE HELD THAT THIS SECTION REQUIRES THAT EVIDENCE OF COLLUSIVE BIDDING IN ADVERTISED PROCUREMENTS SHOULD BE REFERRED TO THE ATTORNEY GENERAL BY THE PROCURING AGENCY. IT IS NOT WITHIN OUR JURISDICTION TO DETERMINE WHAT CONSTITUTES A VIOLATION OF A CRIMINAL STATUTE, BUT WITHIN THE JURISDICTION OF THE ATTORNEY GENERAL AND THE FEDERAL COURTS. ARCON CONSTRUCTION AND ENGINEERING COMPANY, B-185859, MARCH 31, 1976, 76-1 CPD 213.

ACCORDINGLY, THE PROTEST IS DISMISSED.