Matter of: J. D. J. Services, Inc. File: B-252085 Date: January 26, 1993

B-252085: Jan 26, 1993

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PROCUREMENT Bid Protests GAO authority General Accounting Office is without jurisdiction to consider a protest of a procurement by the National Railroad Passenger Corporation (Amtrak) because Amtrak 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 Amtrak 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. Amtrak is a mixed-ownership government corporation rather than a wholly owned corporation. 31 U.S.C.

Matter of: J. D. J. Services, Inc. File: B-252085 Date: January 26, 1993

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

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DECISION J. D. J. Services, Inc. protests the award of a contract under solicitation No. Q-2339-738-079 issued by the National Railroad Passenger Corporation (Amtrak).

We dismiss the protest because we have no jurisdiction over procurements by Amtrak 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. 21.0(c).

Amtrak is a mixed-ownership government corporation rather than a wholly owned corporation. 31 U.S.C. Sec. 9101 (1988). Mixed-ownership corporations are not federal agencies under the above definition. 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.