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[Request for Reconsideration of Complaint Under EPA Grant]

B-213916.2 May 25, 1984
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Highlights

A firm requested reconsideration of a decision in which GAO refused to consider a request for an upward price adjustment to an EPA grantee's contract. The firm's bid contained a price discrepancy, and the grantee notified the firm that, based on a solicitation provision, award would be made at the lower price. GAO refused to consider the firm's request for a price adjustment because it was submitted after contract acceptance. In its request for reconsideration, the firm alleged that: (1) it had accepted the award under protest and, at the time of award, had reserved the right to have its claim reviewed; (2) since forums of appeal are unavailable to contractors under Federal grants, it was legally incorrect to base the prior decision on precedents applicable to direct Federal procurements; and (3) prior GAO reviews of postaward bid correction protests set a precedent for GAO to consider its mistake-in-bid claim. GAO held that: (1) the firm submitted no documentary evidence to support the alleged reservation of a right to review; (2) its function is not to provide a forum for every claim involving Federal funds; (3) contractors under Federal grants have access to State courts; and (4) postaward protests and mistake-in-bid claims are two legally different situations. Accordingly, the prior decision was affirmed.

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