B-245069.2, Aug 28, 1991, 91-2 CPD ***
Highlights
PROCUREMENT - Bid Protests - GAO authority - Non-appropriated funds DIGEST: General Accounting Office does not consider bid protests of procurements conducted by the Army and Air Force Exchange Service because it is nonappropriated fund instrumentality and therefore not a federal agency. Since it is a nonappropriated fund instrumentality and therefore not a federal agency. Liquipharm argues that we should take jurisdiction over its protest because AAFES is an appropriated fund activity. Our bid protest jurisdiction is limited to procurements of federal agencies. Nonappropriated fund activities are not federal agencies. 4 C.F.R. Is established as and has long been recognized as a nonappropriated fund activity of the Department of Defense.
B-245069.2, Aug 28, 1991, 91-2 CPD ***
PROCUREMENT - Bid Protests - GAO authority - Non-appropriated funds DIGEST: General Accounting Office does not consider bid protests of procurements conducted by the Army and Air Force Exchange Service because it is nonappropriated fund instrumentality and therefore not a federal agency.
Attorneys
Liquipharm, Inc.-- Reconsideration:
Liquipharm, Inc. requests that we reconsider our August 6, 1991, dismissal of its protest concerning the terms included in an Army and Air Force Exchange Service (AAFES) solicitation. We dismissed the protest due to a lack of jurisdiction over procurements by AAFES, since it is a nonappropriated fund instrumentality and therefore not a federal agency. In its request for reconsideration, Liquipharm argues that we should take jurisdiction over its protest because AAFES is an appropriated fund activity.
We deny the reconsideration request.
As we stated in our previous dismissal, our bid protest jurisdiction is limited to procurements of federal agencies, 31 U.S.C. Sec. 3551 (1988), and nonappropriated fund activities are not federal agencies. 4 C.F.R. Sec. 21.3(m)(8) (1991), as amended by 56 Fed.Reg. 3,759 (1991); ATD-Am. Co., B-240048, July 18, 1990, 90-2 CPD Para. 49. The AAFES, the activity conducting the protested procurement, is established as and has long been recognized as a nonappropriated fund activity of the Department of Defense. See, for example, Departments of the Army and Air Force, Army and Air Force Exch. Serv., B-235742, Apr. 24, 1990, 90-1 CPD Para. 410; Optical Servs. Co., B-214150, Jan. 31, 1984, 84-1 CPD Para. 134. While Liquipharm asserts the contrary, it has provided nothing in support of its position. Under the circumstances, we have no basis for considering this matter further.
The request for reconsideration is denied.