B-193424, NOVEMBER 27, 1978

B-193424, NOVEMBER 27, 1978

DIGEST: PROTEST INVOLVING UNITED STATES POSTAL SERVICE CONTRACT IS NOT FOR CONSIDERATION BY GENERAL ACCOUNTING OFFICE (GAO) AS POSTAL SERVICE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GAO.

ROSE VALLEY CONSTRUCTION COMPANY:

ROSE VALLEY CONSTRUCTION COMPANY (ROSE VALLEY) PROTESTS INVITATION FOR BIDS (IFB) NO. 104230-79-A-0007, SPACE RENOVATION TERM CONTRACT, ISSUED BY THE OFFICE OF CONTRACTS, UNITED STATES POSTAL SERVICE (POSTAL SERVICE). ROSE VALLEY CONTENDS CERTAIN SOLICITATION REQUIREMENTS ARE AMBIGUOUS AND REQUESTS CANCELLATION AND READVERTISEMENT OF THE IFB.

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. 401(8) (1976), AND TO ENTER INTO CONTRACTS "UPON SUCH TERMS AND CONDITIONS AND IN SUCH MANNER AS IT DEEMS NECESSARY." 39 U.S.C. 2008(C). ALTHOUGH THE COMPTROLLER GENERAL IS AUTHORIZED TO AUDIT THE "ACCOUNTS AND OPERATIONS OF THE POSTAL SERVICE", 39 U.S.C. 2008(A), THIS OFFICE DOES NOT HAVE SETTLEMENT AUTHORITY OVER ITS ACCOUNTS. SINCE OUR BID PROTEST JURISDICTION IS BASED ON OUR ACCOUNT SETTLEMENT AUTHORITY, SEE 4 C.F.R.PART 20 (1978), WE DO NOT DECIDE BID PROTESTS INVOLVING THE POSTAL SERVICE. SEE THOMAS S. BROWN ASSOCIATES, INC., B-188402, MARCH 3, 1977, 77-1 CPD 161. IT IS OUR UNDERSTANDING THAT THE POSTAL SERVICE HAS ITS OWN PROCEDURES FOR THE RESOLUTION OF SUCH MATTERS.

THE PROTEST IS DISMISSED.