B-183520, MAY 1, 1975

B-183520: May 1, 1975

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PROTEST AGAINST AWARD OF CONTRACT WILL NOT BE CONSIDERED. SINCE AWARD WAS MADE BY UNITED STATES POSTAL SERVICE WHOSE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GENERAL ACCOUNTING OFFICE. CONTENDING THAT THE IFB WAS DEFECTIVE IN THAT THE WAGE RATE DECISION NO. AR1035 WAS INCORRECT AND THAT THE IFB FAILED TO CONTAIN CERTAIN PROVISIONS PROMULGATED BY THE SECRETARY OF LABOR AND CONTAINED IN 29 C.F.R. BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. ALTHOUGH THE COMPTROLLER GENERAL IS AUTHORIZED TO AUDIT THE "ACCOUNTS AND OPERATIONS OF THE POSTAL SERVICE. WE DO NOT HAVE SETTLEMENT AUTHORITY OVER THEIR ACCOUNTS. WE ARE CLOSING OUR FILE IN THE MATTER WITHOUT FURTHER ACTION.

B-183520, MAY 1, 1975

PROTEST AGAINST AWARD OF CONTRACT WILL NOT BE CONSIDERED, SINCE AWARD WAS MADE BY UNITED STATES POSTAL SERVICE WHOSE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GENERAL ACCOUNTING OFFICE.

COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL:

THE COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL HAS REQUESTED OUR OFFICE TO CONSIDER A PROTEST FILED BY THE SHEET METAL WORKERS, LOCAL #9, WITH THE UNITED STATES POSTAL SERVICE AGAINST AWARD UNDER ITS INVITATION FOR BIDS (IFB) NO. 079940-75-A-0024, ISSUED FOR THE REMODELING OF THE COLORADO SPRINGS MAIL HANDLING UNIT.

SHEET METAL WORKERS, LOCAL #9, FILED ITS PROTEST BY LETTER DATED FEBRUARY 12, 1975, CONTENDING THAT THE IFB WAS DEFECTIVE IN THAT THE WAGE RATE DECISION NO. AR1035 WAS INCORRECT AND THAT THE IFB FAILED TO CONTAIN CERTAIN PROVISIONS PROMULGATED BY THE SECRETARY OF LABOR AND CONTAINED IN 29 C.F.R. PARTS 5 AND 5A (1974). BY LETTER DATED FEBRUARY 21, 1975, THE CONTRACTING OFFICER DENIED THE PROTEST RECEIVED ON FEBRUARY 18, 1975, AS UNTIMELY STATING THAT SECTION 2-407.8 OF THE POSTAL CONTRACTING MANUAL PROVIDES THAT PROTESTS AGAINST THE TERMS OF THE SOLICITATION MUST BE RECEIVED AT LEAST 5 CALENDAR DAYS PRIOR TO THE DATE SET FOR RECEIPT OF OFFERS.

OUR BID PROTEST PROCEDURES AND STANDARDS, 4 C.F.R. SEC. 20.1(A) (1974), SPECIFICALLY AUTHORIZE 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.

HOWEVER, THE POSTAL REORGANIZATION ACT, PUBLIC LAW 91-375 APPROVED AUGUST 12, 1970, WHICH CREATED THE POSTAL SERVICE, GAVE THE SERVICE AUTHORITY TO SETTLE AND COMPROMISE CLAIMS AGAINST IT, 39 U.S.C. SEC. 401(8) (1970), AND TO ENTER INTO CONTRACTS "UPON SUCH TERMS AND CONDITIONS AND IN SUCH MANNER AS IT DEEMS NECESSARY." 39 U.S.C. SEC. 2008(C) (1970). ALTHOUGH THE COMPTROLLER GENERAL IS AUTHORIZED TO AUDIT THE "ACCOUNTS AND OPERATIONS OF THE POSTAL SERVICE," 39 U.S.C. SEC. 2008(A) (1970), WE DO NOT HAVE SETTLEMENT AUTHORITY OVER THEIR ACCOUNTS.

IN VIEW THEREOF, WE CANNOT DECIDE BID PROTESTS AGAINST THE POSTAL SERVICE. ACCORDINGLY, WE ARE CLOSING OUR FILE IN THE MATTER WITHOUT FURTHER ACTION.