Matter of: Owens Academy of Korean Martial Arts And Self Defense File: B-255066 Date: September 30, 1993
Highlights
PROCUREMENT Bid Protests GAO authority Non-appropriated funds General Accounting Office (GAO) is without jurisdiction to consider a protest of a procurement conducted by a Department of Defense nonappropriated fund activity because that office is not a federal agency over which GAO has statutory bid protest authority. We dismiss the protest because we have no jurisdiction over procurements issued by a Department of Defense nonappropriated fund activity 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. Sec. 21.0(c) A nonappropriated fund activity of the government is not a federal agency as that term is used in the law authorizing our bid protest review role. 4 C.F.R.
Matter of: Owens Academy of Korean Martial Arts And Self Defense File: B-255066 Date: September 30, 1993
PROCUREMENT Bid Protests GAO authority Non-appropriated funds General Accounting Office (GAO) is without jurisdiction to consider a protest of a procurement conducted by a Department of Defense nonappropriated fund activity because that office is not a federal agency over which GAO has statutory bid protest authority.
Attorneys
DECISION Owens Academy of Korean Martial Arts and Self Defense protests the award of contract No. NAFRE1-94-T-0004, issued by a Department of Defense nonappropriated fund activity.
We dismiss the protest because we have no jurisdiction over procurements issued by a Department of Defense nonappropriated fund activity since it is not a federal agency.
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). 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)
A nonappropriated fund activity of the government is not a federal agency as that term is used in the law authorizing our bid protest review role. 4 C.F.R. Sec. 21.3(m) (8). Since the entity here is not a federal agency, we are without jurisdiction to consider the protest. Centex Constr. Co., Inc., Mar. 7, 1990, 90-1 CPD Para. 256.
The protest is dismissed.