B-141083, DEC. 8, 1959

B-141083: Dec 8, 1959

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TO THE NATIONAL BILLIARD MANUFACTURING COMPANY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21. DISCLOSES THAT THE PROCUREMENT IN QUESTION WAS MADE FROM NONAPPROPRIATED WELFARE FUNDS. SUCH FUNDS ARE ENTIRELY UNDER THE ADMINISTRATION OF THE SECRETARY OF THE ARMY. SINCE NO APPROPRIATED FUNDS OF THE UNITED STATES ARE INVOLVED IN THE SUBJECT PROCUREMENT. IT IS NOT SUBJECT TO THE USUAL STATUTORY PROCUREMENT REQUIREMENTS. THERE IS NO ACTION WHICH OUR OFFICE PROPERLY MAY TAKE IN THE MATTER. IT IS SUGGESTED THAT YOU SUBMIT THE MATTER TO THE ADJUTANT GENERAL. ARE RETURNED AS REQUESTED.

B-141083, DEC. 8, 1959

TO THE NATIONAL BILLIARD MANUFACTURING COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21, 1959, AND ENCLOSURES, PROTESTING THE ACTION OF THE DEPARTMENT OF THE ARMY IN AWARDING A CONTRACT TO OTHER THAN YOUR COMPANY UNDER PROPOSAL NO. 1089/59, DATED MAY 28, 1959.

THE RECORD BEFORE US, WHICH INCLUDES A REPORT FROM THE ARMY DATED NOVEMBER 27, 1959, DISCLOSES THAT THE PROCUREMENT IN QUESTION WAS MADE FROM NONAPPROPRIATED WELFARE FUNDS. SUCH FUNDS ARE ENTIRELY UNDER THE ADMINISTRATION OF THE SECRETARY OF THE ARMY. SINCE NO APPROPRIATED FUNDS OF THE UNITED STATES ARE INVOLVED IN THE SUBJECT PROCUREMENT, IT IS NOT SUBJECT TO THE USUAL STATUTORY PROCUREMENT REQUIREMENTS, AND THERE IS NO ACTION WHICH OUR OFFICE PROPERLY MAY TAKE IN THE MATTER.

IT IS SUGGESTED THAT YOU SUBMIT THE MATTER TO THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C.

THE PAPERS FORWARDED BY YOUR LETTER OF OCTOBER 21, 1959, ARE RETURNED AS REQUESTED.