B-183332, APR 28, 1975

B-183332: Apr 28, 1975

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GAO DOES NOT HAVE AUTHORITY TO RENDER DECISION RELATIVE TO PROTEST CONCERNING THE PROPRIETY OF AWARD OF NEGOTIATED CONTRACT BY FEDERAL HOME LOAN BANK BOARD SINCE GAO HAS AUDIT BUT NOT SETTLEMENT AUTHORITY OVER ACTIVITIES OF BOARD. ENVIRONETICS CONTENDS THAT AS LOW OFFEROR IT SHOULD HAVE RECEIVED AWARD. THE AUTHORITY OF THE BOARD IS. SECS. 846-852 (1970)) THE BOARD IS TO BE CONSIDERED A WHOLLY-OWNED GOVERNMENT CORPORATION. THE RESPONSIBILITY OF OUR OFFICE UNDER THE GOVERNMENT CORPORATION CONTROL ACT IS LIMITED TO PERFORMING AN AUDIT IN ACCORDANCE WITH THE PRINCIPLES AND PROCEDURES APPLICABLE TO COMMERCIAL CORPORATE TRANSACTIONS. 31 U.S.C. IN VIEW OF THE FOREGOING AND SINCE OUR BID PROTEST JURISDICTION IS BASED ON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER 31 U.S.C.

B-183332, APR 28, 1975

GAO DOES NOT HAVE AUTHORITY TO RENDER DECISION RELATIVE TO PROTEST CONCERNING THE PROPRIETY OF AWARD OF NEGOTIATED CONTRACT BY FEDERAL HOME LOAN BANK BOARD SINCE GAO HAS AUDIT BUT NOT SETTLEMENT AUTHORITY OVER ACTIVITIES OF BOARD.

SAPHIER, LERNER, SCHINDLER, ENVIRONETICS, INC.:

SAPHIER, LERNER, SCHINDLER, ENVIRONETICS, INC. (ENVIRONETICS), PROTESTS THE AWARD OF A NEGOTIATED CONTRACT TO ANOTHER FIRM BY THE FEDERAL HOME LOAN BANK BOARD FOR THE INTERIOR PLANNING AND DESIGNING OF THE NEW HEADQUARTERS BUILDING OF THE BOARD. ENVIRONETICS CONTENDS THAT AS LOW OFFEROR IT SHOULD HAVE RECEIVED AWARD.

AS REGARDS THE POWERS OF THE BOARD TO CONTRACT FOR THE ABOVE SERVICES, 12 U.S.C. SEC. 1438(C)(6) (1970) PROVIDES THAT:

"EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION OR BY THE BOARD, THE PROVISIONS OF THIS SUBSECTION AND THE FUNCTIONS THEREBY OR THEREUNDER SUBSISTING SHALL BE APPLICABLE AND EXERCISABLE NOTWITHSTANDING AND WITHOUT REGARD TO *** ANY OTHER PROVISION OF LAW RELATING TO THE CONSTRUCTION, ALTERATION, REPAIR, OR FURNISHING OF PUBLIC OR OTHER BUILDINGS OR STRUCTURES ***."

THE AUTHORITY OF THE BOARD IS, CONSEQUENTLY, SIMILAR IN EFFECT TO THE EXTRAORDINARY AUTHORITY TO DETERMINE AND PRESCRIBE OBLIGATIONS FOUND IN MANY GOVERNMENT CORPORATION CHARTERS. INDEED, 12 U.S.C. SEC. 1438(C)(6) STATES THAT FOR THE PURPOSES OF THE GOVERNMENT CORPORATION CONTROL ACT (SEE 31 U.S.C. SECS. 846-852 (1970)) THE BOARD IS TO BE CONSIDERED A WHOLLY-OWNED GOVERNMENT CORPORATION, AND THAT WHILE THE BOARD SHALL MAINTAIN AN INTEGRAL SET OF ACCOUNTS WHICH SHALL BE AUDITED ANNUALLY BY OUR OFFICE, "NO OTHER AUDIT, SETTLEMENT, OR ADJUSTMENT SHALL BE REQUIRED WITH RESPECT TO TRANSACTIONS UNDER THIS SUBSECTION OR WITH RESPECT TO CLAIMS, DEMANDS, OR ACCOUNTS BY OR AGAINST ANY PERSON ARISING THEREUNDER."

SIMILARLY, THE RESPONSIBILITY OF OUR OFFICE UNDER THE GOVERNMENT CORPORATION CONTROL ACT IS LIMITED TO PERFORMING AN AUDIT IN ACCORDANCE WITH THE PRINCIPLES AND PROCEDURES APPLICABLE TO COMMERCIAL CORPORATE TRANSACTIONS. 31 U.S.C. SEC. 850 (1970).

IN VIEW OF THE FOREGOING AND SINCE OUR BID PROTEST JURISDICTION IS BASED ON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER 31 U.S.C. SECS. 71 AND 74 (1970), WE MUST DECLINE TO CONSIDER THE MERITS OF THE PROTEST. CF. MATTER OF ACS CONSTRUCTION COMPANY, INC., B-183034, APRIL 18, 1975.