B-182515, DEC 17, 1974

B-182515: Dec 17, 1974

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WILL NOT BE CONSIDERED SINCE NO FEDERAL AGENCY IS INVOLVED IN PROJECT AND FUNDS EXPENDED PURSUANT TO SUCH ACT ARE NOT SUBJECT TO SETTLEMENT BY GENERAL ACCOUNTING OFFICE. AWARD WAS MADE TO ANOTHER BIDDER. LOMBARD ALSO POINTS OUT THAT THE PROJECT IS BEING FINANCED BY FEDERAL AS WELL AS LOCAL FUNDS. BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. ECC IS NOT AN AGENCY OF THE FEDERAL GOVERNMENT AND EXPENDITURES PURSUANT TO THE FOREGOING ACT ARE NOT SUBJECT TO SETTLEMENT BY OUR OFFICE. WE ARE PRECLUDED FROM RENDERING AN AUTHORITATIVE DECISION ON THE PROTEST. WE ARE UNABLE TO BE OF ANY ASSISTANCE IN THIS MATTER.

B-182515, DEC 17, 1974

PROTEST AGAINST AWARD OF CONTRACT BY PAINESVILLE, OHIO, WHICH INVOLVES USE OF FEDERAL FUNDS PURSUANT TO REVENUE SHARING ACT, WILL NOT BE CONSIDERED SINCE NO FEDERAL AGENCY IS INVOLVED IN PROJECT AND FUNDS EXPENDED PURSUANT TO SUCH ACT ARE NOT SUBJECT TO SETTLEMENT BY GENERAL ACCOUNTING OFFICE. SEE 4 C.F.R. 20.1(A).

LOMBARD CORPORATION:

IN A LETTER DATED NOVEMBER 25, 1974, LOMBARD CORPORATION PROTESTED AGAINST THE AWARD OF A CONTRACT UNDER A SOLICITATION ISSUED BY THE ENVIRONMENT CONTROL CORPORATION (ECC), PAINESVILLE, OHIO, BY ORDER OF THE BOARD OF LAKE COUNTY COMMISSIONERS, FOR SOLID WASTE IMPROVEMENTS, INCLUDING HIGH DENSITY BALER FACILITIES. LOMBARD CONTENDS THAT WHILE IT SUBMITTED THE LOW RESPONSIVE BID, AWARD WAS MADE TO ANOTHER BIDDER.

LOMBARD ALSO POINTS OUT THAT THE PROJECT IS BEING FINANCED BY FEDERAL AS WELL AS LOCAL FUNDS.

SECTION 20.1(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS SPECIFICALLY AUTHORIZES THIS OFFICE TO ENTERTAIN PROTESTS BY INTERESTED PARTIES WISHING TO PROTEST THE PROPOSED AWARD OF A CONTRACT, OR THE AWARD OF A CONTRACT, BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE.

ALTHOUGH THE PROJECT APPARENTLY INVOLVES THE USE OF REVENUE SHARING FUNDS UNDER THE STATE AND LOCAL ASSISTANCE ACT OF 1972 (86 STAT. 919), ECC IS NOT AN AGENCY OF THE FEDERAL GOVERNMENT AND EXPENDITURES PURSUANT TO THE FOREGOING ACT ARE NOT SUBJECT TO SETTLEMENT BY OUR OFFICE. THEREFORE, WE ARE PRECLUDED FROM RENDERING AN AUTHORITATIVE DECISION ON THE PROTEST. C.F.R. 20.1(A).

ACCORDINGLY, WE ARE UNABLE TO BE OF ANY ASSISTANCE IN THIS MATTER.