B-224626, SEP 26, 1986

B-224626, SEP 26, 1986

CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - ACTIVITIES NOT INVOLVING FEDERAL PROCUREMENT DIGEST: PROCUREMENT BY PRIVATE NONPROFIT CORPORATION USING ITS OWN FUNDS IS NOT A FEDERAL PROCUREMENT AND, THEREFORE, PROTEST OF THAT PROCUREMENT IS NOT REVIEWABLE PURSUANT TO GENERAL ACCOUNTING OFFICE BID PROTEST JURISDICTION.

ALASKA NATIVE ARCHITECTURAL & ENGINEERING COMPANY:

THE ALASKA NATIVE ARCHITECTURAL & ENGINEERING COMPANY PROTESTS THE PROPOSED AWARD OF A CONTRACT FOR CONSULTANT SERVICES TO ERNST & WHITNEY UNDER SOLICITATION NO. A-86-0907, ISSUED BY THE ALASKA NATIVE HEALTH BOARD. BECAUSE THE BOARD IS NOT SUBJECT TO OUR BID PROTEST JURISDICTION, WE DISMISS THE PROTEST.

UNDER THE COMPETITION IN CONTRACTING ACT OF 1984, 31 U.S.C. SECS. 3551 ET SEQ. (SUPP. III 1985), OUR BID PROTEST JURISDICTION EXTENDS TO ALLEGED VIOLATIONS OF PROCUREMENT STATUTES OR REGULATIONS IN CONNECTION WITH PROCUREMENTS BY FEDERAL AGENCIES. SEE MONARCH WATER SYSTEMS, INC., 64 COMP.GEN. 756 (1985), 85-2 CPD PARA. 146. WE ARE INFORMED THAT THE BOARD, WHICH IS AWARDING THE CONTRACT WITH ITS OWN FUNDS, IS NOT AN AGENCY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE INDIAN HEALTH SERVICE AS THE PROTESTER CONTENDS. RATHER, THE BOARD IS A PRIVATE NONPROFIT ALASKA CORPORATION. WE DO NOT REVIEW PROTESTS SUCH AS THIS WHICH DO NOT INVOLVE PROCUREMENTS BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT. C.F.R. SEC. 21.1(A) (1986); R.W. COLE CONSTRUCTION, INC., B-222880, APR. 24, 1986, 86-1 CPD PARA. 404.

THE PROTEST IS DISMISSED.