B-209030, FEB 7, 1983
Highlights
DIGEST: PROTEST IS DISMISSED AS ACADEMIC WHERE THE DEPARTMENT OF DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1983 PROHIBITS THE AWARDING OF NEW CONTRACTS FOR GUARD SERVICES. EXCEPT WHEN SUCH FUNDS ARE FOR THE EXPRESS PURPOSE OF PROVIDING FOR THE RENEWAL OF CONTRACTS IN EFFECT ON THE DATE OF THE ENACTMENT OF THIS ACT.". THE PROTEST IS THEREFORE DISMISSED.
B-209030, FEB 7, 1983
DIGEST: PROTEST IS DISMISSED AS ACADEMIC WHERE THE DEPARTMENT OF DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1983 PROHIBITS THE AWARDING OF NEW CONTRACTS FOR GUARD SERVICES.
INTERNATIONAL BUSINESS INVESTMENTS:
INTERNATIONAL BUSINESS INVESTMENTS (IBI) PROTESTS THE SPECIFICATIONS AND BID-BOND REQUIREMENT UNDER INVITATION FOR BIDS (IFB) NO. N62474-82 B-6497, ISSUED BY THE DEPARTMENT OF THE NAVY (NAVY).
WE DISMISS THE PROTEST.
THE IFB SOLICITED BIDS FOR SECURITY GUARD SERVICES AT THE NAVAL AIR REWORK FACILITY, ALAMEDA, CALIFORNIA. THE NAVY HAS ADVISED US THAT AWARD OF THE CONTRACT HAS BEEN POSTPONED INDEFINITELY BECAUSE OF A MORATORIUM ON THE AWARD OF NEW CONTRACTS FOR GUARD SERVICES CONTAINED IN THE DEPARTMENT OF DEFENSE AUTHORIZATION ACT, 1983, PUB.L. NO. 97-252, SEC. 1111, 96 STAT. 718, 852 (1982).
SECTION 1111 SPECIFICALLY PROVIDES:
"NONE OF THE FUNDS APPROPRIATED PURSUANT TO AN AUTHORIZATION CONTAINED IN THIS ACT MAY BE OBLIGATED OR EXPENDED TO ENTER INTO ANY CONTRACT FOR THE PERFORMANCE OF FIREFIGHTING FUNCTIONS OR SECURITY GUARD FUNCTIONS AT ANY MILITARY INSTALLATION OR FACILITY, EXCEPT WHEN SUCH FUNDS ARE FOR THE EXPRESS PURPOSE OF PROVIDING FOR THE RENEWAL OF CONTRACTS IN EFFECT ON THE DATE OF THE ENACTMENT OF THIS ACT."
COMMENTS TO SECTION 1111 EXPLAIN THAT THE CONGRESS BELIEVED SUCH CRITICAL FUNCTIONS AS SECURITY GUARD SERVICES SHOULD NOT BE TURNED OVER TO PRIVATE CONTRACTORS AND THAT COMMANDING OFFICERS SHOULD MAINTAIN DIRECT CONTROL OVER FUNCTIONS "ON WHICH THE SAFETY AND SECURITY OF PERSONNEL AND COSTLY FACILITIES DEPEND." 128 CONG.REC. H4893-H4894 (DAILY ED. JULY 30, 1982) (STATEMENT OF REP. GILMAN). NOTHING IN THE DEPARTMENT OF DEFENSE APPROPRIATION ACT FOR FISCAL YEAR 1983, INCLUDED AS IF ENACTED AS THE REGULAR APPROPRIATIONS ACT IN SECTION 101(C) OF THE PRESENT CONTINUING APPROPRIATIONS RESOLUTION, CHANGES THIS PROHIBITION. SEE JOINT RESOLUTION OF DECEMBER 21, 1982, PUB.L. NO. 97-377, SEC. 101(C), 96 STAT. 1830, .
THIS PROHIBITION AGAINST THE OBLIGATION OR EXPENDITURE OF APPROPRIATED FUNDS FOR SECURITY GUARD SERVICES RENDERS THE PROTEST ACADEMIC BECAUSE, EVEN IF WE SUSTAINED THE PROTEST, THE NAVY COULD NOT AWARD A CONTRACT UNDER THE IFB. OUR OFFICE DOES NOT RESOLVE ACADEMIC PROTESTS. THE PROTEST IS THEREFORE DISMISSED. SEE INTER-CON SECURITY SYSTEMS, INC., B-208551, JANUARY 26, 1983, 83-1 CPD
. COOPERATIVE AGREEMENT, RATHER THAN A CONTRACT,