B-190914, JAN 31, 1978

B-190914: Jan 31, 1978

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PROTEST AGAINST PROCUREMENT INVOLVING NONAPPROPRIATED FUND ACTIVITY IS DISMISSED SINCE GAO BID PROTEST JURISDICTION IS BASED ON SETTLEMENT OVER APPROPRIATED FUNDS. THE REFERENCED SOLICITATION WAS FOR THE OPERATION OF BEAUTY SHOP SERVICES AT THE DEPARTMENT OF THE NAVY'S LONG BEACH. WE HAVE BEEN ADVISED BY THE NAVY THAT THIS PROCUREMENT INVOLVES NONAPPROPRIATED FUNDS. THE BID PROTEST JURISDICTION OF THIS OFFICE IS BASED ON OUR SETTLEMENT AUTHORITY OVER APPROPRIATED FUNDS UNDER THE PROVISIONS OF 31 U.S.C. 71. WE HAVE CONSISTENTLY DECLINED TO CONSIDER A PROTEST INVOLVING NONAPPROPRIATED FUND ACTIVITIES SUCH AS IS INVOLVED HERE. WE WILL TAKE NO FURTHER ACTION ON THIS MATTER AND THE PROTEST IS DISMISSED.

B-190914, JAN 31, 1978

PROTEST AGAINST PROCUREMENT INVOLVING NONAPPROPRIATED FUND ACTIVITY IS DISMISSED SINCE GAO BID PROTEST JURISDICTION IS BASED ON SETTLEMENT OVER APPROPRIATED FUNDS.

ANJOLICO, INC.:

ANJOLICO, INC., HAS PROTESTED THE FAILURE OF THE NAVY TO MAKE AN AWARD UNDER SOLICITATION NO. 000001-77-R-0082 ISSUED BY THE NAVY RESALE SYSTEM OFFICE, OAKLAND, CALIFORNIA.

THE REFERENCED SOLICITATION WAS FOR THE OPERATION OF BEAUTY SHOP SERVICES AT THE DEPARTMENT OF THE NAVY'S LONG BEACH, CALIFORNIA, FACILITY. WE HAVE BEEN ADVISED BY THE NAVY THAT THIS PROCUREMENT INVOLVES NONAPPROPRIATED FUNDS.

THE BID PROTEST JURISDICTION OF THIS OFFICE IS BASED ON OUR SETTLEMENT AUTHORITY OVER APPROPRIATED FUNDS UNDER THE PROVISIONS OF 31 U.S.C. 71, 74 (1970). WE HAVE CONSISTENTLY DECLINED TO CONSIDER A PROTEST INVOLVING NONAPPROPRIATED FUND ACTIVITIES SUCH AS IS INVOLVED HERE. SEE GENE'S MOBILE T.V., B-189089, MAY 25, 1977, 77-1 CPD 368; MS. GENEVA OSBORNE, B-188004, JANUARY 7, 1977, 77-1 CPD 15; W. B. FISHBURN CLEANERS, INCORPORATED, B-180034, JANUARY 15, 1974, 74-1 CPD 12.

FOR THE FOREGOING REASONS, WE WILL TAKE NO FURTHER ACTION ON THIS MATTER AND THE PROTEST IS DISMISSED.