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B-185789, FEB 20, 1976

B-185789 Feb 20, 1976
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REG. 17979 (1975)) TO PERMIT CONSIDERATION OF PROTEST AGAINST CONTRACT AWARD BY PRIVATE PARTY SINCE NO GOVERNMENT CONTRACT OR PROCUREMENT IS INVOLVED. OF A CONTRACT FOR DIESEL GENERATOR SETS WHICH WILL ALLEGEDLY BE ASSIGNED TO THE PEACE HAWK V PROGRAM. WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE AIR FORCE THAT THERE IS NO GOVERNMENT CONTRACT FOR THE REFERENCED PROGRAM AND THAT NO SOLICITATION FOR THE PROGRAM HAS BEEN ISSUED BY THE GOVERNMENT. REG. 17979 (1975)) OUR OFFICE HAS JURISDICTION TO ENTERTAIN PROTESTS FROM INTERESTED PARTIES AGAINST AWARDS OR PROPOSED AWARDS OF CONTRACTS RELATED TO PROCUREMENTS BY AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE.

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B-185789, FEB 20, 1976

NO JURISDICTION EXISTS UNDER BID PROTEST PROCEDURES (40 FED. REG. 17979 (1975)) TO PERMIT CONSIDERATION OF PROTEST AGAINST CONTRACT AWARD BY PRIVATE PARTY SINCE NO GOVERNMENT CONTRACT OR PROCUREMENT IS INVOLVED.

ALCO ENGINES DIVISION:

THE ALCO ENGINES DIVISION OF WHITE INDUSTRIAL POWER INC. PROTESTS THE ANTICIPATED AWARD BY PAGE COMMUNICATIONS ENGINEERS, INC., OF A CONTRACT FOR DIESEL GENERATOR SETS WHICH WILL ALLEGEDLY BE ASSIGNED TO THE PEACE HAWK V PROGRAM.

WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE AIR FORCE THAT THERE IS NO GOVERNMENT CONTRACT FOR THE REFERENCED PROGRAM AND THAT NO SOLICITATION FOR THE PROGRAM HAS BEEN ISSUED BY THE GOVERNMENT.

UNDER OUR BID PROTEST PROCEDURES (40 FED. REG. 17979 (1975)) OUR OFFICE HAS JURISDICTION TO ENTERTAIN PROTESTS FROM INTERESTED PARTIES AGAINST AWARDS OR PROPOSED AWARDS OF CONTRACTS RELATED TO PROCUREMENTS BY AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. HOWEVER, IN THE INSTANT CASE, WE MUST DECLINE TO CONSIDER THE ALCO PROTEST AS NO GOVERNMENT CONTRACT OR PROCUREMENT EXISTS TO SERVE AS THE BASIS UPON WHICH WE COULD EXERCISE JURISDICTION.

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