B-229611.2, B-229612.2, B-229613.2, Dec 8, 1987, 87-2 568

B-229611.2,B-229613.2,B-229612.2: Dec 8, 1987

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Protest challenging award of contract by nonfederal entity is dismissed even though contract may be funded by loan from federal agency. A "federal agency" is defined to mean any executive department or independent establishment in the executive branch. The solicitation was issued by the Colville Indian Housing Authority. Which clearly is not a federal agency. Is therefore irrelevant to our disposition of this matter.

B-229611.2, B-229612.2, B-229613.2, Dec 8, 1987, 87-2 568

PROCUREMENT - Bid Protests - Federal Procurement - Regulations/Laws Applicability - GAO Authority DIGEST: Since General Accounting Office bid protest authority extends only to protests concerning solicitations issued by or for federal agencies, protest challenging award of contract by nonfederal entity is dismissed even though contract may be funded by loan from federal agency.

Blaze Construction, Inc.-- Request for Reconsideration:

Blaze Construction, Inc. requests reconsideration of the dismissal of its protests concerning the rejection of its bid under invitation for bids (IFB) Nos. WA 43, 904, 905, and 906, issued by Colville Indian Housing Authority.

We affirm our prior dismissals.

Under the Competition in Contracting Act of 1984 (CICA), 31 U.S.C. Sec. 3551 et seq. (Supp. III 1985) and our implementing Bid Protest Regulations, 4 C.F.R Part 21 (1987), our Office considers protests that involve solicitations issued by or for federal agencies for the procurement of property or services. A "federal agency" is defined to mean any executive department or independent establishment in the executive branch, including any wholly owned government corporation, and any establishment in the legislative or judicial branch, except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction. See 4 C.F.R. Sec. 21.0(b).

Here, although it appears that the contract may be financed through a loan from the Department of Housing and Urban Development, a federal agency, the solicitation was issued by the Colville Indian Housing Authority, which clearly is not a federal agency. Thus, the matter does not fall within our bid protest authority under CICA. Lac Courte Oreilles Development Corporation, B-224668, Sept. 24, 1986, 86-2 CPD Para. 346.

In its request for reconsideration, the protester cites various statutes, regulations, and Comptroller General decisions in support of its position. The authorities cited, however, predate CICA, the current controlling statute, and is therefore irrelevant to our disposition of this matter.

We affirm our prior dismissals.