B-206628, MAR 17, 1982
Highlights
DIGEST: PROCUREMENT BY THE DESERET GENERATION AND TRANSMISSION CO-OPERATIVE USING FUNDS BORROWED FROM THE RURAL ELECTRIFICATION ADMINISTRATION IS NEITHER A FEDERAL PROCUREMENT NOR A PROCUREMENT INVOLVING FEDERAL GRANT FUNDS AND. WILL NOT BE REVIEWED BY GAO. DESERET IS FUNDING THE PROJECT THROUGH A LOAN FROM THE RURAL ELECTRIFICATION ADMINISTRATION.
B-206628, MAR 17, 1982
DIGEST: PROCUREMENT BY THE DESERET GENERATION AND TRANSMISSION CO-OPERATIVE USING FUNDS BORROWED FROM THE RURAL ELECTRIFICATION ADMINISTRATION IS NEITHER A FEDERAL PROCUREMENT NOR A PROCUREMENT INVOLVING FEDERAL GRANT FUNDS AND, THEREFORE, WILL NOT BE REVIEWED BY GAO.
DICK CORPORATION:
DICK CORPORATION PROTESTS THE PROPOSED AWARD OF A CONTRACT TO ANY OTHER FIRM BY THE DESERET GENERATION AND TRANSMISSION CO-OPERATIVE (DESERET) FOR CONSTRUCTION OF THE POWERPLANT SUPERSTRUCTURES AT MOON LAKE STATION, SANDY, UTAH. DESERET IS FUNDING THE PROJECT THROUGH A LOAN FROM THE RURAL ELECTRIFICATION ADMINISTRATION, WHICH WE UNDERSTAND MUST BE REPAID BY DESERET.
CITING OUR DECISION AT 47 COMP.GEN. 4 (1967), DICK STATES THAT OUR OFFICE HAS PREVIOUSLY CONSIDERED THE MERITS OF SIMILAR PROTESTS.
OUR OFFICE NO LONGER REVIEWS SUCH PROCUREMENTS SINCE WE VIEW THEM AS BEING NEITHER PROCUREMENTS BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT NOR PROCUREMENTS BY A FEDERAL GRANTEE. SEE NEW ENGLAND INSULATION CO., B-188784, APRIL 21, 1977, 77-1 CPD 276; NEAL & COMPANY, INC., B-199022, JUNE 19, 1980, 80-1 CPD 434.
ACCORDINGLY, WE DISMISS THE PROTEST.