B-196068, OCT 1, 1979
Highlights
DIGEST: PROTEST UNDER TVA PROCUREMENT WILL NOT BE CONSIDERED SINCE GENERAL ACCOUNTING OFFICE IS PRECLUDED BY TVA ACT FROM DISALLOWING CREDIT FOR EXPENDITURES WHICH TVA BOARD OF DIRECTORS DETERMINES NECESSARY IN CARRYING OUT TVA ACT. PRI ALSO BELIEVES THAT IT WAS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER UNDER THE SOLICITATION. WHILE OUR OFFICE WILL ENTERTAIN PROTESTS AGAINST VARIOUS PROCUREMENT ACTIONS TAKEN BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. THE PROTEST IS DISMISSED.
B-196068, OCT 1, 1979
DIGEST: PROTEST UNDER TVA PROCUREMENT WILL NOT BE CONSIDERED SINCE GENERAL ACCOUNTING OFFICE IS PRECLUDED BY TVA ACT FROM DISALLOWING CREDIT FOR EXPENDITURES WHICH TVA BOARD OF DIRECTORS DETERMINES NECESSARY IN CARRYING OUT TVA ACT.
PRI PIPE SUPPORTS:
PRI PIPE SUPPORTS (PRI) PROTESTS THE AWARD OF CONTRACT A3-8221584 BY THE TENNESSEE VALLEY AUTHORITY (TVA) TO BERGEN-PATTERSON PIPESUPPORT CORPORATION. PRI ASSERTS THE AWARD VIOLATES THE FEDERAL PROCUREMENT REGULATIONS, THE INTEGRITY OF THE COMPETITIVE BID SYSTEM, AND THE STATED TVA POLICY TO GIVE FULL OPPORTUNITY TO MINORITY AND SMALL BUSINESS ENTITIES. PRI ALSO BELIEVES THAT IT WAS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER UNDER THE SOLICITATION.
WHILE OUR OFFICE WILL ENTERTAIN PROTESTS AGAINST VARIOUS PROCUREMENT ACTIONS TAKEN BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE, 4 C.F.R. SEC. 20.1(A) (1978), THE PROVISIONS OF 16 U.S.C. SEC. 831HB)(1976) PRECLUDE OUR OFFICE FROM DISALLOWING CREDIT FOR ANY EXPENDITURES WHICH THE TVA BOARD OF DIRECTORS DETERMINES NECESSARY TO CARRY OUT THE TVA ACT. CONSEQUENTLY, EVEN SHOULD WE DISAGREE WITH THE PROPRIETY OF THE TVA ACTIONS, WE WOULD BE UNABLE TO EFFECT ANY REMEDIAL ACTION. CONSEQUENTLY, WE DECLINE TO CONSIDER THE PROTEST. DISPENSERS OPTICAL SERVICE, INC., B-195021, JUNE 26, 1979, 79-1 CPD 457.
THE PROTEST IS DISMISSED.