B-185124, JUN 30, 1976
Highlights
IS NOT FOR CONSIDERATION BY GAO SINCE AWARD OF CONTRACT WAS MADE BY ORGANIZATION WHOSE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GAO. THE PROTESTERS REQUEST OUR OFFICE TO INVESTIGATE THEIR CONTENTION THAT THEY WERE NOT PERMITTED TO EXAMINE THE BIDS AFTER BID OPENING. THAT THEIR REQUEST THAT BIDS BE READ ALOUD WAS DENIED. THAT THEIR REQUEST TO EXAMINE THE SUCCESSFUL BID BEFORE THE BIDS WERE REMOVED FROM THE ROOM WAS DENIED. THE PROTESTERS SUBMITTED THE SECOND LOW BID AND THE LOW BID WAS SUBMITTED BY THE SINGER COMPANY (SINGER). IT IS REPORTED THAT THE PEANUTS ARE COLLATERAL FOR A CCC PRICE SUPPORT LOAN. BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE.
B-185124, JUN 30, 1976
PROTEST INVOLVING PROCUREMENT BY GFA PEANUT ASSOCIATION, ON BEHALF OF COMMODITY CREDIT CORPORATION, IS NOT FOR CONSIDERATION BY GAO SINCE AWARD OF CONTRACT WAS MADE BY ORGANIZATION WHOSE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GAO.
ELMER JOE MOTLEY AND FONTELL WYATT:
ELMER JOE MOTLEY AND FONTELL WYATT PROTEST THE ALLEGED MISHANDLING OF BIDS BY THE GFA PEANUT ASSOCIATION, CAMILLA, GEORGIA. THE PROTESTERS REQUEST OUR OFFICE TO INVESTIGATE THEIR CONTENTION THAT THEY WERE NOT PERMITTED TO EXAMINE THE BIDS AFTER BID OPENING; THAT THEIR REQUEST THAT BIDS BE READ ALOUD WAS DENIED; AND THAT THEIR REQUEST TO EXAMINE THE SUCCESSFUL BID BEFORE THE BIDS WERE REMOVED FROM THE ROOM WAS DENIED.
THE RECORD DISCLOSES THAT THE PROTESTERS SUBMITTED TO MR. D.H. HARDEN, MANAGER OF THE GFA PEANUT ASSOCIATION, A SEALED BID TO LOAD PEANUTS STORED AT THE ASSOCIATION. THE PROTESTERS SUBMITTED THE SECOND LOW BID AND THE LOW BID WAS SUBMITTED BY THE SINGER COMPANY (SINGER). THE GFA PEANUT ASSOCIATION, ON BEHALF OF COMMODITY CREDIT CORPORATION (CCC), AWARDED A CONTRACT TO SINGER ON OCTOBER 7, 1975. IT IS REPORTED THAT THE PEANUTS ARE COLLATERAL FOR A CCC PRICE SUPPORT LOAN.
SECTION 20.1(A) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.1(A) (1975), SPECIFICALLY AUTHORIZES THIS OFFICE TO CONSIDER PROTESTS BY INTERESTED PARTIES WISHING TO PROTEST THE PROPOSED AWARD OF A CONTRACT, OR THE AWARD OF A CONTRACT, BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. OUR BID PROTEST JURISDICTION IS BASED ON OUR AUTHORITY IN 31 U.S.C. SECS. 71 AND 74 (1970) TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS.
CCC IS A WHOLLY OWNED GOVERNMENT CORPORATION AND ITS ACTIVITIES AND FUNCTIONS ARE, BY STATUTE, SOMEWHAT AUTONOMOUS. 15 U.S.C. SECS. 714B AND 714C (1970). OUR OFFICE HAS NO STATUTORY AUTHORITY TO SETTLE AND ADJUST THE ACCOUNTS OF THE CCC. SEE B-150556, MAY 29, 1968. SINCE CCC'S ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY THIS OFFICE, NOR ARE THE ACCOUNTS OF GFA PEANUT ASSOCIATION, WE COULD NOT TAKE ANY REMEDIAL ACTION WITH RESPECT TO AWARD UNDER THE SUBJECT SOLICITATION EVEN IF WE SHOULD FIND SUCH ACTION WARRANTED UNDER THE RULES GENERALLY APPLICABLE TO FEDERAL PROCUREMENTS. UNDER THESE CIRCUMSTANCES, OUR OFFICE IS WITHOUT JURISDICTION TO CONSIDER THE SUBJECT PROTEST.