B-201332, DEC 16, 1980

B-201332, DEC 16, 1980

DIGEST: PROTEST INVOLVING HUD'S ADMINISTRATION OF HOUSING PROGRAM UNDER 42 U.S.C. SEC. 1437 IS MATTER OF CONTRACT ADMINISTRATION AND NOT FOR RESOLUTION UNDER GAO BID PROTEST PROCEDURES OR OTHERWISE FOR GAO CONSIDERATION.

BRISTOL TENNESSEE HOUSING AUTHORITY:

THE BRISTOL TENNESSEE HOUSING AUTHORITY PROTESTS ACTIONS TAKEN BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) IN CONNECTION WITH TURNKEY PROJECT NO. 066-003.

THE PROJECT INVOLVES A HUD CONTRACTUAL ARRANGEMENT WITH THE HOUSING AUTHORITY UNDER 42 U.S.C. SEC. 1437, PURSUANT TO WHICH HUD IS SUBSIDIZING A HOUSING PROJECT FOR THE ELDERLY WHICH HAS BEEN CONSTRUCTED BY A DEVELOPER UNDER CONTRACT TO THE AUTHORITY. THE COMPLAINT DOES NOT INVOLVE EITHER THE AWARD OF A PROCUREMENT CONTRACT BY HUD OR THE AWARD OF A CONTRACT BY THE HOUSING AUTHORITY.

WE CANNOT CONSIDER THE COMPLAINT. OUR BID PROTEST PROCEDURES PROVIDE FOR OUR CONSIDERATION OF COMPLAINTS CONCERNING THE AWARD OF PROCUREMENT CONTRACTS BY THE FEDERAL GOVERNMENT. SEE 4 C.F.R. PART 20 (1980). ALSO CONSIDER COMPLAINTS CONCERNING CONTRACT AWARDS MADE BY RECIPIENTS OF FEDERAL GRANTS. BRISTOL'S COMPLAINT, HOWEVER, INVOLVES HUD'S HANDLING OF THE SUBSIDIZED HOUSING PROJECT PURSUANT TO THE CONTRACTUAL ARRANGEMENT WITH THE HOUSING AUTHORITY. IT IS THUS TANTAMOUNT TO A COMPLAINT OF HUD'S ADMINISTRATION OF THE CONTRACTUAL ARRANGEMENT. CONTRACT ADMINISTRATION, EVEN WHEN FEDERAL PROCUREMENT CONTRACTS ARE INVOLVED, IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY AND IS NOT CONSIDERED BY THIS OFFICE. SEE PRECISION ENVIRONMENTS, INC., B-198418, APRIL 29, 1980, 80-1 CPD 306; JACOBS TRANSFER, INC., B-200689, OCTOBER 17, 1980, 80-2 CPD 297; KORNYLAK CORPORATION, B-201103, NOVEMBER 20, 1980, 80-2 CPD .

THE PROTEST IS DISMISSED.