B-196048, SEP 24, 1979

B-196048: Sep 24, 1979

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DIGEST: PROTEST OF AWARD OF CONTRACT BY PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION WILL NOT BE CONSIDERED SINCE CORPORATION IS A WHOLLY OWNED GOVERNMENT CORPORATION AND HAS BROAD DISCRETIONARY AUTHORITY WITH REGARD TO ITS EXPENDITURES. WE WILL NOT CONSIDER THE PROTEST. G & C CONTENDS THAT IT IS ENTITLED TO AWARD OF THE CONTRACT AS THE LOW RESPONSIVE. RESPONSIBLE BIDDER BECAUSE THE ONLY LOWER BID WAS NONRESPONSIVE. G & C ARGUES THAT THE LOW BID WAS NONRESPONSIVE BECAUSE THE LOW BIDDER FAILED TO PROVIDE SUFFICIENT INFORMATION TO DETERMINE THE QUALITY OF ITS OFFERED "OR EQUAL" CUT STONE MATERIALS. THE PADC IS DEFINED IN THE GOVERNMENT CORPORATION CONTROL ACT AS A WHOLLY OWNED GOVERNMENT CORPORATION. 31 U.S.C.

B-196048, SEP 24, 1979

DIGEST: PROTEST OF AWARD OF CONTRACT BY PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION WILL NOT BE CONSIDERED SINCE CORPORATION IS A WHOLLY OWNED GOVERNMENT CORPORATION AND HAS BROAD DISCRETIONARY AUTHORITY WITH REGARD TO ITS EXPENDITURES.

G & C CONSTRUCTION CORPORATION:

G & C CONSTRUCTION CORPORATION (G & C) PROTESTS THE AWARD OF A CONTRACT BY THE PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION (PADC) TO ANY OTHER BIDDER UNDER PROJECT NO. PI-78-001-330. FOR THE REASONS STATED BELOW, WE WILL NOT CONSIDER THE PROTEST.

G & C CONTENDS THAT IT IS ENTITLED TO AWARD OF THE CONTRACT AS THE LOW RESPONSIVE, RESPONSIBLE BIDDER BECAUSE THE ONLY LOWER BID WAS NONRESPONSIVE. G & C ARGUES THAT THE LOW BID WAS NONRESPONSIVE BECAUSE THE LOW BIDDER FAILED TO PROVIDE SUFFICIENT INFORMATION TO DETERMINE THE QUALITY OF ITS OFFERED "OR EQUAL" CUT STONE MATERIALS.

THE PADC IS DEFINED IN THE GOVERNMENT CORPORATION CONTROL ACT AS A WHOLLY OWNED GOVERNMENT CORPORATION. 31 U.S.C. SEC. 846 (1976). BY STATUTE, ITS ACTIVITIES AND FUNCTIONS ARE LARGELY AUTONOMOUS. 40 U.S.C. SEC. 871, ET.SEQ. (1976), ESPECIALLY 40 U.S.C. SEC. 875. WE HAVE CONSISTENTLY DECLINED TO CONSIDER PROTESTS ARISING UNDER THE BROAD DISCRETIONARY AUTHORITY OF WHOLLY OWNED GOVERNMENT CORPORATIONS. KENNERLY ASSOCIATES, INC., B-194274.2, MAY 8, 1979, 79-1 CPD 320; INGERSOLL RAND COMPANY, B-190275, OCTOBER 12, 1977, 77-2 CPD 289.

THE PROTEST IS DISMISSED.

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