B-201299, DEC 10, 1980
Highlights
DIGEST: PROTEST AGAINST PROPOSED CONTRACT AWARD BY ARCHITECT OF THE CAPITOL IS DISMISSED WHERE SENATE CONTINGENT FUND IS TO BE USED. SINCE GAO BID PROTEST JURISDICTION IS BASED ON AUTHORITY TO ADJUST AND SETTLE ACCOUNTS UNDER 31 U.S.C. SEC. 68 (1976) PAYMENTS FROM SENATE CONTINGENT FUND ARE CONCLUSIVE WHEN SANCTIONED AND APPROVED BY SENATE COMMITTEE ON RULES AND ADMINISTRATION. 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. WE HAVE BEEN INFORMALLY ADVISED THAT THE FUNDS USED FOR THIS PROCUREMENT ARE FROM THE CONTINGENT FUND OF THE SENATE. OUR AUTHORITY TO SETTLE ACCOUNTS INVOLVING THIS CONTINGENT FUND IS LIMITED BY 2 U.S.C.
B-201299, DEC 10, 1980
DIGEST: PROTEST AGAINST PROPOSED CONTRACT AWARD BY ARCHITECT OF THE CAPITOL IS DISMISSED WHERE SENATE CONTINGENT FUND IS TO BE USED, SINCE GAO BID PROTEST JURISDICTION IS BASED ON AUTHORITY TO ADJUST AND SETTLE ACCOUNTS UNDER 31 U.S.C. SECS. 71 AND 74 (1976), WHEREAS PURSUANT TO 2 U.S.C. SEC. 68 (1976) PAYMENTS FROM SENATE CONTINGENT FUND ARE CONCLUSIVE WHEN SANCTIONED AND APPROVED BY SENATE COMMITTEE ON RULES AND ADMINISTRATION.
AUDIO TECHNICAL SERVICES LTD.:
AUDIO TECHNICAL SERVICES LTD. PROTESTS THE AWARD OF A CONTRACT TO ANY OTHER OFFEROR UNDER REQUEST FOR PROPOSALS 8071 ISSUED BY THE ARCHITECT OF THE CAPITOL FOR THE SOUND SYSTEM FOR THE 1981 PRESIDENTIAL INAUGURATION. THE PROTESTER ASSERTS THAT ITS OFFER MET ALL OF THE SOLICITATION'S REQUIREMENTS AT THE LOWEST COST.
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, 74 (1976). SEE, E.G., SYSTEMS RESEARCH LABORATORIES, INC. - RECONSIDERATION, B-186842, MAY 5, 1978, 78-1 CPD 341.
WE HAVE BEEN INFORMALLY ADVISED THAT THE FUNDS USED FOR THIS PROCUREMENT ARE FROM THE CONTINGENT FUND OF THE SENATE. OUR AUTHORITY TO SETTLE ACCOUNTS INVOLVING THIS CONTINGENT FUND IS LIMITED BY 2 U.S.C. SEC. 68 (1976), WHICH PROVIDES:
"NO PAYMENT SHALL BE MADE FROM THE CONTINGENT FUND OF THE SENATE UNLESS SANCTIONED BY THE COMMITTEE ON RULES AND ADMINISTRATION OF THE SENATE. PAYMENTS MADE UPON VOUCHERS *** APPROVED BY SAID COMMITTEE SHALL BE DEEMED, HELD, AND TAKEN, AND ARE DECLARED TO BE CONCLUSIVE UPON ALL THE DEPARTMENTS AND OFFICERS OF THE GOVERNMENT. ***"
IN VIEW OF THE CONCLUSIVENESS OF THE CERTIFICATION LANGUAGE USED IN THE STATUTE, IT IS CLEAR THAT OUR CONSIDERATION OF THIS PROTEST WOULD SERVE NO USEFUL PURPOSE. SEE MARTY'S FLOOR COVERING, B-194384, JUNE 25, 1979, 79-1 CPD 452.
THE PROTEST IS DISMISSED.