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B-190275, OCTOBER 12, 1977

B-190275 Oct 12, 1977
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LAWRENCE SEAWAY DEVELOPMENT CORPORATION WILL NOT BE CONSIDERED SINCE CORPORATION IS WHOLLY OWNED GOVERNMENT CORPORATION AND HAS BROAD AUTHORITY TO DETERMINE CHARACTER AND MANNER OF ITS EXPENDITURES. IT IS INGERSOLL'S BELIEF THAT THE LOW BID RECEIVED IS NONRESPONSIVE AND THAT INGERSOLL SHOULD BE AWARDED THE CONTRACT SINCE IT WAS THE LOWEST RESPONSIVE RESPONSIBLE BIDDER. THE CORPORATION IS DEFINED BY THE GOVERNMENT CORPORATION CONTRACT ACT. THE CORPORATION IS AUTHORIZED BY STATUTE. SUBJECT TO PROVISIONS OF LAW SPECIFICALLY APPLICABLE TO GOVERNMENT CORPORATIONS * * * " THIS BROAD AUTHORITY IS SIMILAR TO THAT FOUND IN MANY GOVERNMENT CORPORATION CHARTERS. WE HAVE CONSISTENTLY DECLINED TO CONSIDER PROTESTS INVOLVING PROCUREMENTS CONDUCTED PURSUANT TO THAT AUTHORITY.

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B-190275, OCTOBER 12, 1977

PROTEST OF PROCUREMENT ACTION BY ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION WILL NOT BE CONSIDERED SINCE CORPORATION IS WHOLLY OWNED GOVERNMENT CORPORATION AND HAS BROAD AUTHORITY TO DETERMINE CHARACTER AND MANNER OF ITS EXPENDITURES.

INGERSOLL RAND COMPANY:

INGERSOLL RAND COMPANY (INGERSOLL) PROTESTS THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) 25188, ISSUED BY THE ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION (CORPORATION), UNITED STATES DEPARTMENT OF TRANSPORTATION. IT IS INGERSOLL'S BELIEF THAT THE LOW BID RECEIVED IS NONRESPONSIVE AND THAT INGERSOLL SHOULD BE AWARDED THE CONTRACT SINCE IT WAS THE LOWEST RESPONSIVE RESPONSIBLE BIDDER.

THE CORPORATION IS DEFINED BY THE GOVERNMENT CORPORATION CONTRACT ACT, 31 U.S.C. 846 (1970), AS A WHOLLY OWNED GOVERNMENT CORPORATION. THE CORPORATION IS AUTHORIZED BY STATUTE, 33 U.S.C. 984(A)(9) (1970), TO:

" * * * DETERMINE THE CHARACTER OF AND THE NECESSITY FOR ITS OBLIGATIONS AND EXPENDITURES, AND THE MANNER IN WHICH THEY SHALL BE INCURRED, ALLOWED AND PAID, SUBJECT TO PROVISIONS OF LAW SPECIFICALLY APPLICABLE TO GOVERNMENT CORPORATIONS * * * "

THIS BROAD AUTHORITY IS SIMILAR TO THAT FOUND IN MANY GOVERNMENT CORPORATION CHARTERS.

IN VIEW OF THAT BROAD AUTHORITY, WE HAVE CONSISTENTLY DECLINED TO CONSIDER PROTESTS INVOLVING PROCUREMENTS CONDUCTED PURSUANT TO THAT AUTHORITY. SEE, E.G., DELTA SWITCHBOARD COMPANY, B-182891, JANUARY 3, 1975, 75-1 CPD 5; DEVONNE ARMSTRONG COMPANY, B-182653, JANUARY 16, 1975, 75-1 CPD 28; MURRAY AND TREGURTHA DIVISION OF MATHEWSON CORPORATION, B-182606, DECEMBER 4, 1974, 74-2 CPD 311.

ACCORDINGLY, THE PROTEST IS DISMISSED.

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