B-189517, JULY 18, 1977
Highlights
HUD'S AWARD OF PROPERTY MANAGEMENT BROKER CONTRACT AUTHORIZED BY 12 U.S.C. 1713 (1970) WILL NOT BE CONSIDERED AS SUBJECT OF BID PROTEST BECAUSE SECRETARY OF HUD HAS BROAD AUTHORITY PURSUANT TO 12 U.S.C. 1702 (1970) TO MAKE EXPENDITURES "WITHOUT REGARD TO ANY OTHER PROVISIONS OF LAW GOVERNING THE EXPENDITURES OF PUBLIC FUNDS.". 12 U.S.C. 1702 (1970) AUTHORIZES THE SECRETARY IN PERTINENT PART (1) TO MAKE SUCH EXPENDITURES AS ARE NECESSARY TO CARRY OUT THE DISPOSAL OF PROPERTY AND OTHER FUNCTIONS WITHOUT REGARD TO ANY OTHER PROVISIONS OF LAW GOVERNING THE EXPENDITURES OF PUBLIC FUNDS AND (2) TO SUE AND BE SUED IN ANY COURT OF COMPETENT JURISDICTION. IT WAS TRANSFERRED IN 1965 TO THE SECRETARY OF HUD BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ACT.
B-189517, JULY 18, 1977
HUD'S AWARD OF PROPERTY MANAGEMENT BROKER CONTRACT AUTHORIZED BY 12 U.S.C. 1713 (1970) WILL NOT BE CONSIDERED AS SUBJECT OF BID PROTEST BECAUSE SECRETARY OF HUD HAS BROAD AUTHORITY PURSUANT TO 12 U.S.C. 1702 (1970) TO MAKE EXPENDITURES "WITHOUT REGARD TO ANY OTHER PROVISIONS OF LAW GOVERNING THE EXPENDITURES OF PUBLIC FUNDS."
R. Y. GOMEZ REAL ESTATE:
BY LETTER DATED JUNE 28, 1977, R. Y. GOMEZ REAL ESTATE PROTESTED THE REJECTION OF ITS BID FOR "AREA 4 MANAGEMENT BROKER CONTRACT" BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
PURSUANT TO 12 U.S.C. 1713 (1970), THE SECRETARY OF HUD MAY DISPOSE OF PROPERTY NOTWITHSTANDING ANY OTHER PROVISION OF LAW RELATING TO THE ACQUISITION, HANDLING, OR DISPOSAL OF REAL PROPERTY BY THE UNITED STATES. FURTHERMORE, 12 U.S.C. 1702 (1970) AUTHORIZES THE SECRETARY IN PERTINENT PART (1) TO MAKE SUCH EXPENDITURES AS ARE NECESSARY TO CARRY OUT THE DISPOSAL OF PROPERTY AND OTHER FUNCTIONS WITHOUT REGARD TO ANY OTHER PROVISIONS OF LAW GOVERNING THE EXPENDITURES OF PUBLIC FUNDS AND (2) TO SUE AND BE SUED IN ANY COURT OF COMPETENT JURISDICTION. WHILE THIS AUTHORITY FORMERLY RESIDED IN THE COMMISSIONER OF THE FEDERAL HOUSING ADMINISTRATION (FHA), IT WAS TRANSFERRED IN 1965 TO THE SECRETARY OF HUD BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ACT, PUBLIC LAW 89-174 5(A), 79 STAT. 669, 42 U.S.C. 3543 (1970).
CONSEQUENTLY, NO USEFUL PURPOSE WOULD BE SERVED BY OUR REVIEW OF THE AWARD OF A PROPERTY MANAGEMENT BROKER CONTRACT AND THE MATTER IS DISMISSED. HANSON REALTY CO., B-186033, JULY 8, 1976, 76-2 CPD 23.