Matter of: Kennan Auction Company File: B-248965 Date: June 9, 1992

B-248965: Jun 9, 1992

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PROCUREMENT Bid Protests GAO authority General Accounting Office is without jurisdiction to consider a protest of a procurement by the Resolution Trust Corporation (RTC) because RTC is defined by statute as a mixed-ownership corporation and is therefore not a federal agency for bid protest purposes. We dismiss the protest because we have no jurisdiction over procurements by RTC since it is not a federal agency. Our bid protest jurisdiction is limited to procurements of federal agencies. 31 U.S.C. A federal agency is: "any executive department or independent establishment in the executive branch. RTC is not a wholly owned government corporation. It is established by law as a mixed-ownership corporation.

Matter of: Kennan Auction Company File: B-248965 Date: June 9, 1992

PROCUREMENT Bid Protests GAO authority General Accounting Office is without jurisdiction to consider a protest of a procurement by the Resolution Trust Corporation (RTC) because RTC is defined by statute as a mixed-ownership corporation and is therefore not a federal agency for bid protest purposes.

Attorneys

DECISION Kennan Auction Company protests the award of a contract under solicitation No. 734-91-0379 issued by the Resolution Trust Corporation. We dismiss the protest because we have no jurisdiction over procurements by RTC since it is not a federal agency.

Under the Competition in Contracting Act of 1984, our bid protest jurisdiction is limited to procurements of federal agencies. 31 U.S.C. Sec. 3551 (1988); 4 C.F.R. Sec. 21.1(a) (1992). A federal agency is: "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." 4 C.F.R. Sec. 21.O(c). RTC is not a wholly owned government corporation. It is established by law as a mixed-ownership corporation. See 31 U.S.C. Sec. 9101(2)(L) (Supp. II 1990); Miller- Windsor, Inc., B-242342, Dec. 13, 1990, 90-2 CPD Para. 489. Mixedownership corporations are not federal agencies for purposes of our bid protest jurisdiction. Chas. G. Stott & Co., Inc., B-220302, Sept. 24, 1985, 85-2 CPD Para. 333. Accordingly, we are without jurisdiction to consider the protest.

The protest is dismissed.