B-192653, SEP 12, 1978

B-192653: Sep 12, 1978

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DIGEST: PROTEST AGAINST POSTAL RATE COMMISSION SOLICITATION WILL NOT BE CONSIDERED SINCE POSTAL RATE COMMISSION ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GENERAL ACCOUNTING OFFICE. NORTH AMERICAN CONTENDS THAT THE SOLICITATION IS RESTRICTIVE OF COMPETITION. RELATES TO THOSE FEDERAL GOVERNMENT AGENCIES WHOSE ACCOUNTS ARE SUBJECT TO ADJUSTMENT AND SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE UNDER 31 U.S.C. COMMISSION EXPENDITURES ARE FROM THE POSTAL SERVICE FUND. 39 U.S.C. 3604(D)(2). ACCOUNTS INVOLVING THE USE OF SUCH FUNDS ARE NOT SUBJECT TO SETTLEMENT BY THIS OFFICE.

B-192653, SEP 12, 1978

DIGEST: PROTEST AGAINST POSTAL RATE COMMISSION SOLICITATION WILL NOT BE CONSIDERED SINCE POSTAL RATE COMMISSION ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GENERAL ACCOUNTING OFFICE.

NORTH AMERICAN REPORTING, INC.:

NORTH AMERICAN REPORTING, INC. (NORTH AMERICAN), PROTESTS THE ISSUANCE OF SOLICITATION NO. 109909-79-G-001, BY THE POSTAL RATE COMMISSION (COMMISSION). NORTH AMERICAN CONTENDS THAT THE SOLICITATION IS RESTRICTIVE OF COMPETITION.

OUR JURISDICTION TO CONSIDER PROTESTS AGAINST THE PROPOSED AWARD OF CONTRACTS, OR THE AWARD OF CONTRACTS, RELATES TO THOSE FEDERAL GOVERNMENT AGENCIES WHOSE ACCOUNTS ARE SUBJECT TO ADJUSTMENT AND SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE UNDER 31 U.S.C. SECS. 71, 74 (1970).

HOWEVER, THE PROVISIONS OF 39 U.S.C. 410(A) (1970) AND 39 U.S.C. 3604(E), P. L. 94-421, SEPTEMBER 24, 1976, 90 STAT. 1303, 1306 (AMENDING 39 U.S.C. 3604 (1970)), EXEMPT THE COMMISSION FROM FEDERAL LAWS AND REGULATIONS APPLICABLE TO PUBLIC CONTRACTS, BUDGETS AND FUNDS. MOREOVER, COMMISSION EXPENDITURES ARE FROM THE POSTAL SERVICE FUND. 39 U.S.C. 3604(D)(2), P. L. 94-421, SUPRA. ACCOUNTS INVOLVING THE USE OF SUCH FUNDS ARE NOT SUBJECT TO SETTLEMENT BY THIS OFFICE. THEREFORE, WE DO NOT CONSIDER BID PROTESTS INVOLVING THE COMMISSION. FEDERAL DATA RETRIEVAL SYSTEMS, INC., B-187660, NOVEMBER 26, 1976, 76-2 CPD 448.

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