B-192830, SEP 26, 1978
Highlights
DIGEST: PROTEST FILED UNDER POSTAL SERVICE SOLICITATION WILL NOT BE CONSIDERED SINCE POSTAL SERVICE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GAO. AUTHORIZES OUR OFFICE TO ENTERTAIN PROTESTS BY INTERESTED PARTIES WHO WISH TO PROTEST THE AWARD OR PROPOSED AWARD OF A FORMALLY ADVERTISED OR NEGOTIATED CONTRACT BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. WE ARE CLOSING OUR FILE IN THE MATTER WITHOUT FURTHER ACTION.
B-192830, SEP 26, 1978
DIGEST: PROTEST FILED UNDER POSTAL SERVICE SOLICITATION WILL NOT BE CONSIDERED SINCE POSTAL SERVICE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GAO.
MS. IVA NELL JACKO:
MS. IVA NELL JACKO PROTESTS AGAINST THE UNITED STATES POSTAL SERVICE'S NEGOTIATIONS WITH THE LOW BIDDER UNDER SOLICITATION NO. 059962-78A5066 BECAUSE OF A MISTAKE IN ITS BID.
SECTION 20.1(A) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1978), AUTHORIZES OUR OFFICE TO ENTERTAIN PROTESTS BY INTERESTED PARTIES WHO WISH TO PROTEST THE AWARD OR PROPOSED AWARD OF A FORMALLY ADVERTISED OR NEGOTIATED CONTRACT BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE.
HOWEVER, THE POSTAL REORGANIZATION ACT OF 1970 GAVE THE POSTAL SERVICE THE AUTHORITY TO SETTLE AND COMPROMISE ITS OWN CLAIMS, 39 U.S.C. SEC. 401(8) (1970), AND ENTER INTO CONTRACTS "UPON SUCH TERMS AND CONDITIONS AND IN SUCH MANNER AS IT DEEMS NECESSARY." 39 U.S.C. SEC. 2008(C) (1970).
IN VIEW OF THE ABOVE, OUR OFFICE DOES NOT RENDER DECISIONS ON PROTESTS CONCERNING POSTAL SERVICE PROCUREMENTS. SEE THOMAS S. BROWN ASSOCIATES, INC., B-188402, MARCH 3, 1977, 77-1 CPD 161. ACCORDINGLY, WE ARE CLOSING OUR FILE IN THE MATTER WITHOUT FURTHER ACTION.