B-201850(1), MAR 3, 1981

B-201850(1): Mar 3, 1981

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DIGEST: PROTEST CONCERNING ARMY'S AWARD OF CONTRACT FOR PUBLISHING OF CIVILIAN ENTERPRISE NEWSPAPER IS DISMISSED SINCE CONTRACT DOES NOT INVOLVE DIRECT EXPENDITURE OF APPROPRIATED FUNDS. CIVILIAN ENTERPRISE PUBLICATIONS ARE PUBLISHED BY CIVILIAN PUBLISHERS UNDER CONTRACT WITH THE DEPARTMENT OF THE ARMY AT NO COST TO THE ARMY. NEITHER APPROPRIATED NOR NONAPPROPRIATED FUNDS ARE PAID TO THE PUBLISHER. "PUBLISHERS ARE RESPONSIBLE FOR FUNDING CIVILIAN ENTERPRISE PUBLICATIONS. THE PROTEST IS DISMISSED.

B-201850(1), MAR 3, 1981

DIGEST: PROTEST CONCERNING ARMY'S AWARD OF CONTRACT FOR PUBLISHING OF CIVILIAN ENTERPRISE NEWSPAPER IS DISMISSED SINCE CONTRACT DOES NOT INVOLVE DIRECT EXPENDITURE OF APPROPRIATED FUNDS.

BARRY STIER:

BARRY STIER PROTESTS THE AWARD OF A CONTRACT BY THE PUBLIC AFFAIRS OFFICE OF THE U. S. EIGHTH ARMY IN SEOUL, KOREA, FOR THE PUBLISHING OF A CIVILIAN ENTERPRISE NEWSPAPER. WE DISMISS THE PROTEST.

THIS OFFICE CONSIDERS PROTESTS OF CONTRACT AWARDS PURSUANT TO ITS AUTHORITY UNDER 31 U.S.C. SECS. 71, 74 (1976) TO SETTLE APPROPRIATED FUND ACCOUNTS OF THE GOVERNMENT. CONSEQUENTLY, WE GENERALLY CONSIDER PROTESTS OF CONTRACT AWARDS WHICH INVOLVE THE EXPENDITURE OF APPROPRIATED FUNDS. FORTEC CONSTRUCTORS - RECONSIDERATION, 57 COMP.GEN. 311 (1978), 78-1 CPD 153.

HOWEVER, CIVILIAN ENTERPRISE PUBLICATIONS ARE PUBLISHED BY CIVILIAN PUBLISHERS UNDER CONTRACT WITH THE DEPARTMENT OF THE ARMY AT NO COST TO THE ARMY. ARMY REGULATION (AR) 360-81, 2-2(B), AUGUST 3, 1976. ALTHOUGH ARMY PUBLIC AFFAIRS OFFICERS COOPERATE AND WORK WITH THE PUBLISHER, NEITHER APPROPRIATED NOR NONAPPROPRIATED FUNDS ARE PAID TO THE PUBLISHER. RATHER, "PUBLISHERS ARE RESPONSIBLE FOR FUNDING CIVILIAN ENTERPRISE PUBLICATIONS," AR 360-81, 2-23, NORMALLY THROUGH THE SALE OF ADVERTISING.

CONSEQUENTLY, SINCE THE AWARD OF THE CONTRACT DOES NOT INVOLVE THE DIRECT EXPENDITURE OF APPROPRIATED FUNDS, WE COULD NOT TAKE LEGAL EXCEPTION TO THE AWARD AND THEREFORE NO USEFUL PURPOSE WOULD BE SERVED BY OUR REVIEW.

THE PROTEST IS DISMISSED.