B-228129, Oct 8, 1987, 87-2 CPD 347
Highlights
Our Office is authorized to review protests concerning contracts awarded by a federal agency for the procurement of property or services. We are advised that the contrast at issue was awarded by CMHA pursuant to a grant awarded by HUD to CMHA. Since CMHA is not a federal agency. The protest is dismissed.
B-228129, Oct 8, 1987, 87-2 CPD 347
PROCUREMENT - Bid Protests - Federal Grants - Contract Awards - GAO Review DIGEST: The General Accounting Office has no authority to review procurements by other than federal agencies, and also does not review complaints concerning the award of contracts under federal grants.
Adam construction Company:
Adam Construction Company has protested the award of a contract, for exterior renovation and related work at the Riverside Park Estate, by the Cuyahoga Metropolitan Housing Authority (CMHA). Adam filed its protest first with the Department of Housing and Urban Development Board of Contract Appeals (HUDBCA), which formerly decided protests of procurement actions under the National Housing Act, 12 U.S.C. Sec. 1701 et seq. (1982). HUDBCA advised Adam that it no longer considers such protests, and Adam subsequently filed a protest with our Office.
Our Office is authorized to review protests concerning contracts awarded by a federal agency for the procurement of property or services. See 31 U.S.C. Sec. 3551 (1) (Supp. III 1985). Here, however, we are advised that the contrast at issue was awarded by CMHA pursuant to a grant awarded by HUD to CMHA. Since CMHA is not a federal agency, we cannot consider this protest under our statutory bid protest authority. Moreover, while we formerly considered protests of contracts awarded pursuant to federal grants, we no longer do so. See, e.g., Sprague & Henwood, Inc., B-227154, June 26, 1987, 87-1 CPD Para. 637.
The protest is dismissed.