B-160159, OCT. 27, 1966
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12. THAT THE PROGRAM IS ADMINISTERED BY AIR FORCE OFFICIALS WHO ARE PAID FROM APPROPRIATED FUNDS AND THAT THE CLUBS IN WHICH THE MACHINES ARE USED ARE INITIALLY FUNDED BY FEDERAL APPROPRIATIONS. IT SHOULD BE OBSERVED THAT THE STATUTES WHICH PERTAIN TO THE MANNER IN WHICH CONTRACTS WITH THE MILITARY DEPARTMENTS ARE TO BE AWARDED ARE APPLICABLE ONLY TO CONTRACTS FOR SUPPLIES OR SERVICES FOR WHICH PAYMENT IS TO BE MADE FROM APPROPRIATED FUNDS. WE HAVE NO JURISDICTION TO RENDER AN AUTHORITATIVE DECISION IN THE MATTER. WE NOTE FROM INFORMATION PREVIOUSLY FURNISHED BY YOU THAT THE DEPARTMENT IN WASHINGTON HAS REVIEWED YOUR PROTEST AND HAS DETERMINED THAT IT IS WITHOUT FOUNDATION.
B-160159, OCT. 27, 1966
TO LEONARD HAIMES CO., INC.:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1966, ASKING WHAT PROCEDURE TO FOLLOW IN OBTAINING A LEGAL RULING IN RESPECT TO YOUR PROTEST AGAINST THE AWARD OF A CONTRACT FOR SLOT MACHINES BY THE NONAPPROPRIATED FUNDS DIVISION OF THE AIR FORCE AT WIESBADEN, GERMANY.
IT MAY BE, AS YOU SUGGEST, THAT THE PROGRAM IS ADMINISTERED BY AIR FORCE OFFICIALS WHO ARE PAID FROM APPROPRIATED FUNDS AND THAT THE CLUBS IN WHICH THE MACHINES ARE USED ARE INITIALLY FUNDED BY FEDERAL APPROPRIATIONS. HOWEVER, IT SHOULD BE OBSERVED THAT THE STATUTES WHICH PERTAIN TO THE MANNER IN WHICH CONTRACTS WITH THE MILITARY DEPARTMENTS ARE TO BE AWARDED ARE APPLICABLE ONLY TO CONTRACTS FOR SUPPLIES OR SERVICES FOR WHICH PAYMENT IS TO BE MADE FROM APPROPRIATED FUNDS. SEE 10 U.S.C. 2303.
OUR OFFICE HAS A RESPONSIBILITY TO OVERSEE COMPLIANCE WITH THE PROCUREMENT STATUTES AND ORDINARILY WE REVIEW PROTEST COMPLAINTS WITH REGARD TO THE AWARD OF GOVERNMENT CONTRACTS. BUT SINCE THE PROCUREMENT STATUTES APPLICABLE TO GOVERNMENT CONTRACTS DO NOT APPLY IN THIS CASE, WE HAVE NO JURISDICTION TO RENDER AN AUTHORITATIVE DECISION IN THE MATTER. THE MATTER WOULD APPEAR TO BE ONE SOLELY FOR CONSIDERATION BY THE DEPARTMENT OF THE AIR FORCE. HOWEVER, WE NOTE FROM INFORMATION PREVIOUSLY FURNISHED BY YOU THAT THE DEPARTMENT IN WASHINGTON HAS REVIEWED YOUR PROTEST AND HAS DETERMINED THAT IT IS WITHOUT FOUNDATION. WE THEREFORE CANNOT SUGGEST WHAT OTHER RECOURSE YOU MIGHT HAVE IN THE CIRCUMSTANCES.