Skip to main content

B-208477, AUG 18, 1982

B-208477 Aug 18, 1982
Jump To:
Skip to Highlights

Highlights

DIGEST: PROTEST CONCERNING PROCUREMENT BY TENNESSEE VALLEY AUTHORITY (TVA) WILL NOT BE CONSIDERED BECAUSE THE GENERAL ACCOUNTING OFFICE IS PRECLUDED BY TVA ACT FROM DISALLOWING CREDIT FOR EXPENDITURES WHICH TVA BOARD HAS DETERMINED NECESSARY TO CARRY OUT PURPOSES OF TVA ACT. THE BASIS FOR GENERAL'S PROTEST IS THAT IT WAS THE LOWEST RESPONSIVE BIDDER. SEC. 21.1(A) (1982) THIS OFFICE CONSIDERS PROTESTS INVOLVING PROCUREMENTS BY OR FOR AGENCIES OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO OUR SETTLEMENT POWERS. WE DO NOT CONSIDER PROTESTS INVOLVING PROCUREMENT ACTIONS OF THE TVA BECAUSE WE ARE PRECLUDED BY 16 U.S.C. SEC. 831(H)(B) (1976) FROM DISALLOWING CREDIT FOR ANY EXPENDITURE WHICH THE TVA BOARD DETERMINES IS NECESSARY TO CARRY OUT THE TVA ACT.

View Decision

B-208477, AUG 18, 1982

DIGEST: PROTEST CONCERNING PROCUREMENT BY TENNESSEE VALLEY AUTHORITY (TVA) WILL NOT BE CONSIDERED BECAUSE THE GENERAL ACCOUNTING OFFICE IS PRECLUDED BY TVA ACT FROM DISALLOWING CREDIT FOR EXPENDITURES WHICH TVA BOARD HAS DETERMINED NECESSARY TO CARRY OUT PURPOSES OF TVA ACT.

GENERAL CRANE AND HOIST, INC.:

GENERAL CRANE AND HOIST, INC. (GENERAL), PROTESTS THE AWARD OF CONTRACT NO. 82XJ1-830363 TO ANOTHER FIRM BY THE TENNESSEE VALLEY AUTHORITY (TVA). THE BASIS FOR GENERAL'S PROTEST IS THAT IT WAS THE LOWEST RESPONSIVE BIDDER.

PURSUANT TO 4 C.F.R. SEC. 21.1(A) (1982) THIS OFFICE CONSIDERS PROTESTS INVOLVING PROCUREMENTS BY OR FOR AGENCIES OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO OUR SETTLEMENT POWERS. HOWEVER, WE DO NOT CONSIDER PROTESTS INVOLVING PROCUREMENT ACTIONS OF THE TVA BECAUSE WE ARE PRECLUDED BY 16 U.S.C. SEC. 831(H)(B) (1976) FROM DISALLOWING CREDIT FOR ANY EXPENDITURE WHICH THE TVA BOARD DETERMINES IS NECESSARY TO CARRY OUT THE TVA ACT. THUS, EVEN IF WE DISAGREE WITH THE PROPRIETY OF THE TVA ACTIONS, WE WOULD BE UNABLE TO EFFECT ANY REMEDIAL ACTION; THEREFORE, NO USEFUL PURPOSE WOULD BE SERVED BY CONSIDERATION OF THE PROTEST. CORPORATION SONEET, B-203729, JUNE 29, 1981, 81-1 CPD 540.

ACCORDINGLY, THE PROTEST IS DISMISSED.

GAO Contacts

Office of Public Affairs