B-188935, JUNE 6, 1977
Highlights
SINCE PROTESTED AWARD OF PROCUREMENT UNDER SECTION 22(A) OF FOREIGN MILITARY SALES ACT WILL NOT INVOLVE USE OF APPROPRIATED FUNDS. FINANCIAL ACCOUNT SUPPORTING AWARD IS NOT SUBJECT TO SETTLEMENT BY GAO. PROTEST WILL NOT BE CONSIDERED. IN ITS REPORT ON THE PROTEST THE DEPARTMENT HAS INFORMED US THAT: "THE PROCUREMENT IS A FOREIGN MILITARY SALES REQUIREMENT FOR THE UNITED KINGDOM (UK). IT WAS A SOLE SOURCE PURCHASE IN ACCORDANCE WITH THE UK REQUEST AND THE PROVISIONS OF ASPR 6-1307. FUNDING IS A DIRECT CITE TO THAT NATION. CUSTOMER MONEY WILL REIMBURSE THE CONTRACTOR AND THERE WILL NOT BE AN EXPENDITURE OF UNITED STATES GOVERNMENT APPROPRIATED FUNDS.". WE HAVE PREVIOUSLY HELD THAT TO THE EXTENT QUESTIONED PROCUREMENTS ARE MADE WITHOUT APPROPRIATED FUNDS UNDER AUTHORITY OF THE CITED SECTION OF THE ACT.
B-188935, JUNE 6, 1977
SINCE PROTESTED AWARD OF PROCUREMENT UNDER SECTION 22(A) OF FOREIGN MILITARY SALES ACT WILL NOT INVOLVE USE OF APPROPRIATED FUNDS, FINANCIAL ACCOUNT SUPPORTING AWARD IS NOT SUBJECT TO SETTLEMENT BY GAO. CONSEQUENTLY, PROTEST WILL NOT BE CONSIDERED.
AUTOMATION INDUSTRIES, INC.:
THIS PROTEST CONCERNS A NONCOMPETITIVE CONTRACT AWARDED TO RCA CORPORATION BY THE DEPARTMENT OF THE AIR FORCE FOR THE UNITED KINGDOM UNDER SECTION 22(A) OF THE FOREIGN MILITARY SALES ACT, AS AMENDED, 22 U.S.C. 2762 (SUPP. V. 1975). IN ITS REPORT ON THE PROTEST THE DEPARTMENT HAS INFORMED US THAT:
"THE PROCUREMENT IS A FOREIGN MILITARY SALES REQUIREMENT FOR THE UNITED KINGDOM (UK). IT WAS A SOLE SOURCE PURCHASE IN ACCORDANCE WITH THE UK REQUEST AND THE PROVISIONS OF ASPR 6-1307. FUNDING IS A DIRECT CITE TO THAT NATION. THUS, CUSTOMER MONEY WILL REIMBURSE THE CONTRACTOR AND THERE WILL NOT BE AN EXPENDITURE OF UNITED STATES GOVERNMENT APPROPRIATED FUNDS."
WE HAVE PREVIOUSLY HELD THAT TO THE EXTENT QUESTIONED PROCUREMENTS ARE MADE WITHOUT APPROPRIATED FUNDS UNDER AUTHORITY OF THE CITED SECTION OF THE ACT, OUR OFFICE WILL NOT CONSIDER THE PROTEST INVOLVED. AS WE SAID IN TELE-DYNAMICS-DIVISION OF AMBAC INDUSTRIES, B-183670, JANUARY 29, 1976, 76-1 CPD 60:
"OUR BID PROTEST JURISDICTION IS BASED UPON 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). WHERE WE DO NOT HAVE SUCH SETTLEMENT AUTHORITY OVER THE ACCOUNT CONCERNED (THAT IS, UHERE OTHER THAN APPROPRIATED FUNDS ARE INVOLVED), WE HAVE DECLINED TO CONSIDER PROTESTS * * * .SEE EQUITABLE TRUST BANK, B-181469, JULY 9, 1974, 74-2 CPD 14 AND RELCO, INC., B-183686, MAY 5, 1975, 75-1 CPD 276."
CONSEQUENTLY, THE PROTEST WILL NOT BE CONSIDERED.