B-213015, OCTOBER 3, 1983, 63 COMG.GEN. 1
Highlights
CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - PENSION BENEFIT GUARANTY CORPORATION PROCUREMENTS PROTEST OF SOLICITATION ISSUED BY THE PENSION BENEFIT GUARANTY CORPORATION WILL NOT BE CONSIDERED BY THE GENERAL ACCOUNTING OFFICE SINCE THE CORPORATION IS A WHOLLY OWNED GOVERNMENT CORPORATION AND HAS BROAD AUTHORITY TO DETERMINE CHARACTER AND MANNER OF ITS EXPENDITURES. THE CORPORATION IS DEFINED IN THE GOVERNMENT CORPORATION CONTROL ACT. THE CORPORATION IS AUTHORIZED BY STATUTE. THIS BROAD DISCRETIONARY AUTHORITY IS SIMILAR TO THAT FOUND IN MANY GOVERNMENT CORPORATIONS. OUR BID PROTEST AUTHORITY IS PREDICATED ON OUR AUTHORITY TO TAKE EXCEPTION TO THE ACCOUNTS OF FEDERAL OFFICERS. WE HAVE CONSISTENTLY DECLINED TO CONSIDER PROTESTS INVOLVING THEIR PROCUREMENTS.
B-213015, OCTOBER 3, 1983, 63 COMG.GEN. 1
CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - PENSION BENEFIT GUARANTY CORPORATION PROCUREMENTS PROTEST OF SOLICITATION ISSUED BY THE PENSION BENEFIT GUARANTY CORPORATION WILL NOT BE CONSIDERED BY THE GENERAL ACCOUNTING OFFICE SINCE THE CORPORATION IS A WHOLLY OWNED GOVERNMENT CORPORATION AND HAS BROAD AUTHORITY TO DETERMINE CHARACTER AND MANNER OF ITS EXPENDITURES.
MATTER OF: COMPUSERVE, INC., OCTOBER 3, 1983:
COMPUSERVE, INC. PROTESTS AS UNDULY RESTRICTIVE CERTAIN REQUIREMENTS OF SOLICITATION NO. 83-17, ISSUED BY THE PENSION BENEFIT GUARANTY CORPORATION. WE MUST DECLINE CONSIDERATION OF THE PROTEST.
THE CORPORATION IS DEFINED IN THE GOVERNMENT CORPORATION CONTROL ACT, 31 U.S.C.A. 9101 (WEST 1983) (FORMERLY 31 U.S.C. 846 (1976)), AS A WHOLLY OWNED GOVERNMENT CORPORATION. THE CORPORATION IS AUTHORIZED BY STATUTE, 33 U.S.C. 984(A)(9) (1976) TO:
* * * DETERMINE THE CHARACTER OF AND THE NECESSITY FOR ITS OBLIGATIONS AND EXPENDITURES AND THE MANNER IN WHICH THEY SHALL BE INCURRED, ALLOWED AND PAID, SUBJECT TO PROVISIONS OF LAW SPECIFICALLY APPLICABLE TO GOVERNMENT CORPORATION * * * . THIS BROAD DISCRETIONARY AUTHORITY IS SIMILAR TO THAT FOUND IN MANY GOVERNMENT CORPORATIONS.
OUR BID PROTEST AUTHORITY IS PREDICATED ON OUR AUTHORITY TO TAKE EXCEPTION TO THE ACCOUNTS OF FEDERAL OFFICERS. IN VIEW OF THE BROAD AUTHORITY GIVEN GOVERNMENT CORPORATIONS IN CONNECTION WITH THEIR EXPENDITURES, WE HAVE CONSISTENTLY DECLINED TO CONSIDER PROTESTS INVOLVING THEIR PROCUREMENTS. SEE, E.G., INGERSOLL RAND COMPANY, B-190275, OCTOBER 12, 1977, 77-2 CPD 289; KENNERLY ASSOCIATES, INC., B-194274.2, MAY 8, 1979, 79-1 CPD 320.
THEREFORE, THE PROTEST IS DISMISSED.