B-204980.2, NOV 5, 1981
Highlights
DIGEST: GAO WILL NOT CONSIDER A BID PROTEST CONCERNING A PROCUREMENT BY THE FEDERAL HOME LOAN BANK BOARD. WE WILL NOT CONSIDER THE MATTER. THE STATUTE STATES THAT THE BOARD IS TO BE CONSIDERED A WHOLLY OWNED GOVERNMENT CORPORATION FOR PURPOSES OF THE GOVERNMENT CORPORATION CONTROL ACT. OUR OFFICE'S RESPONSIBILITY UNDER THE GOVERNMENT CORPORATION CONTROL ACT SIMILARLY IS LIMITED TO PERFORMING AN AUDIT IN ACCORDANCE WITH THE PRINCIPLES AND PROCEDURES THAT APPLY TO COMMERCIAL CORPORATE TRANSACTIONS. 31 U.S.C. SINCE OUR BID PROTEST JURISDICTION IS BASED ON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER 31 U.S.C. WE WILL NOT CONSIDER THE MERITS OF THE PROTEST.
B-204980.2, NOV 5, 1981
DIGEST: GAO WILL NOT CONSIDER A BID PROTEST CONCERNING A PROCUREMENT BY THE FEDERAL HOME LOAN BANK BOARD, SINCE GAO HAS AUDIT BUT NOT SETTLEMENT AUTHORITY OVER THE BOARD'S ACTIVITIES.
ALLIED MAINTENANCE CORPORATION:
ALLIED MAINTENANCE CORPORATION PROTESTS THE AWARD OF CONTRACT 682006 BY THE FEDERAL HOME LOAN BANK BOARD TO MACKE BUILDING SERVICES FOR JANITORIAL SERVICES. THE PROTESTER CONTENDS THAT THE BOARD IMPROPERLY ALLOWED MACKE TO REVISE ITS BID AFTER BID OPENING.
WE WILL NOT CONSIDER THE MATTER.
THE FUNDS USED TO PAY FOR THE JANITORIAL SERVICES COME FROM BOARD ASSESSMENTS OF MEMBER BANKS AS PROVIDED FOR IN 12 U.S.C. SEC. 1438(C) (1976). THE STATUTE STATES THAT THE BOARD IS TO BE CONSIDERED A WHOLLY OWNED GOVERNMENT CORPORATION FOR PURPOSES OF THE GOVERNMENT CORPORATION CONTROL ACT, 31 U.S.C. SECS. 846-852, AND FURTHER PROVIDES THAT WHILE THE BOARD MUST MAINTAIN AN INTEGRAL SET OF ACCOUNTS FOR ANNUAL AUDIT BY THE GENERAL ACCOUNTING OFFICE, "NO OTHER AUDIT, SETTLEMENT, OR ADJUSTMENT SHALL BE REQUIRED WITH RESPECT TO TRANSACTIONS UNDER THIS SUBSECTION OR WITH RESPECT TO CLAIMS, DEMANDS, OR ACCOUNTS BY OR AGAINST ANY PERSON ARISING THEREUNDER." OUR OFFICE'S RESPONSIBILITY UNDER THE GOVERNMENT CORPORATION CONTROL ACT SIMILARLY IS LIMITED TO PERFORMING AN AUDIT IN ACCORDANCE WITH THE PRINCIPLES AND PROCEDURES THAT APPLY TO COMMERCIAL CORPORATE TRANSACTIONS. 31 U.S.C. SEC. 850.
THEREFORE, AND SINCE OUR BID PROTEST JURISDICTION IS BASED ON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER 31 U.S.C. SECS. 71 AND 74, WE WILL NOT CONSIDER THE MERITS OF THE PROTEST. SAPHIER, LERNER, SCHINDLER, ENVIRONETICS, INC., B-183332, APRIL 28, 1975, 75-1 CPD 263.