B-186473, JUN 14, 1976
Highlights
GAO MAY NOT RENDER AUTHORITATIVE DECISION ON PROTEST OF CONSTRUCTION CONTRACT AWARDED ON BEHALF OF NONAPPROPRIATED FUND ACTIVITY SINCE BID PROTEST JURISDICTION IS BASED ON ACCOUNT SETTLEMENT AUTHORITY. WE HAVE BEEN ADVISED THAT THIS CONTRACT IS FOR A BOWLING ALLEY FINANCED WITH NONAPPROPRIATED FUNDS AND DOES NOT INVOLVE EITHER THE EXPENDITURE OF APPROPRIATED FUNDS OR THE RECEIPT OF FUNDS ALLOCABLE TO AN ACCOUNT OF THE UNITED STATES. OUR BID PROTEST JURISDICTION IS BASED ON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER 31 U.S.C. 71. THE PROTEST IS DISMISSED.
B-186473, JUN 14, 1976
GAO MAY NOT RENDER AUTHORITATIVE DECISION ON PROTEST OF CONSTRUCTION CONTRACT AWARDED ON BEHALF OF NONAPPROPRIATED FUND ACTIVITY SINCE BID PROTEST JURISDICTION IS BASED ON ACCOUNT SETTLEMENT AUTHORITY.
LEONARD GREENSTONE COMPANY:
MR. LEONARD GREENSTONE, ACTING ON BEHALF OF LEONARD GREENSTONE COMPANY, PROTESTS THE AWARD OF A CONSTRUCTION CONTRACT TO ANOTHER OFFEROR UNDER REQUEST FOR PROPOSALS (RFP) N62471-76-R-1394, ISSUED BY THE NAVAL FACILITIES ENGINEERING COMMAND.
WE HAVE BEEN ADVISED THAT THIS CONTRACT IS FOR A BOWLING ALLEY FINANCED WITH NONAPPROPRIATED FUNDS AND DOES NOT INVOLVE EITHER THE EXPENDITURE OF APPROPRIATED FUNDS OR THE RECEIPT OF FUNDS ALLOCABLE TO AN ACCOUNT OF THE UNITED STATES. WITH REGARD TO PROCUREMENTS CONDUCTED BY OR ON BEHALF OF NONAPPROPRIATED FUND ACTIVITIES, THIS OFFICE HAS NO AUTHORITY TO RENDER AUTHORITATIVE DECISIONS. ACS CONSTRUCTION COMPANY, INC., B-183034, APRIL 18, 1975, 75-1 CPD 238. OUR BID PROTEST JURISDICTION IS BASED ON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER 31 U.S.C. 71, 74 (1970). WHEELABRATOR CORP. V. CHAFEE, 455 F.2D 1306, 1313 (D.C. CIR. 1971).
ACCORDINGLY, THE PROTEST IS DISMISSED.