B-187660, NOVEMBER 26, 1976

B-187660, NOVEMBER 26, 1976

THE GENERAL ACCOUNTING OFFICE HAS NO JURISDICTION TO CONSIDER BID PROTESTS AGAINST POSTAL RATE COMMISSION SOLICITATIONS. PROTEST THEREFORE IS NOT CONSIDERED ON THE MERITS.

FEDERAL DATA RETRIEVAL SYSTEMS, INC.:

FEDERAL DATA RETRIEVAL SYSTEMS, INC. HAS PROTESTED TO THIS OFFICE THE AWARD MADE TO COLUMBIA REPORTING COMPANY BY THE POSTAL RATE COMMISSION (COMMISSION) UNDER SOLICITATION NO. PRC 177, FOR REPORTING SERVICES IN FISCAL YEAR 1977.

THE BID PROTEST JURISDICTION OF THIS OFFICE 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. 71, 74 (1970). WHEELABRATOR CORP. V. CHAFEE, 455 F.2D 1306, 1313 (D.C. CIR. 1971); 46 COMP.GEN. 441 (1966). THE PROVISIONS OF 39 U.S.C. 410(A) (1970) AND 39 U.S.C. 3604(E), P.L. 94-421, SEPTEMBER 24, 1976, 90 STAT. 1303, 1306 (AMENDING 39 U.S.C. 3604 (1970)), EXEMPT THE COMMISSION FROM FEDERAL LAWS AND REGULATIONS APPLICABLE TO PUBLIC CONTRACTS, BUDGETS AND FUNDS. MOREOVER, THE COMMISSION IS FUNDED THROUGH THE POSTAL SERVICE FUND. 39 U.S.C. 3604(D)(2), P.L. 94-421, SUPRA. THIS OFFICE IS NOT AUTHORIZED TO SETTLE ACCOUNTS INVOLVING THE USE OF SUCH FUNDS AND WE CONCLUDE, THEREFORE, THAT WE HAVE NO JURISDICTION TO CONSIDER BID PROTESTS INVOLVING THE COMMISSION. SEE 51 COMP.GEN. 395, 397 (1972); CF. COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL, B-183520, MAY 1, 1975, 75-1 CPD 275.

ACCORDINGLY, WE ARE CLOSING OUR FILE IN THE MATTER WITHOUT FURTHER ACTION.