B-240048, Jul 18, 1990, 90-2 CPD 49
Highlights
ATD contends that it should have been awarded the contract and requests that we consider its protest on the merits. Billeting Fund is a nonappropriated fund instrumentality and that the contract (see RFP Section I. Clause 4) awarded under the RFP will not obligate any appropriated funds of the government. Our bid protest jurisdiction is limited to the procurements of federal agencies. 31 U.S.C. As here are not federal agencies. 4 C.F.R. The protest is dismissed.
B-240048, Jul 18, 1990, 90-2 CPD 49
PROCUREMENT - Bid Protests - GAO authority DIGEST: General Accounting Office does not consider bid protests of procurements by nonappropriated fund instrumentalities.
Attorneys
ATD-American Co. protests the rejection of its offer under Air Force Nonappropriated Fund Purchasing Office request for proposals (RFP) No. F41999-90-R-6021, for the purchase of various cloth/linen products for the Air Training Command Billeting Fund. ATD contends that it should have been awarded the contract and requests that we consider its protest on the merits.
The Air Force has advised that the Air Training Command. Billeting Fund is a nonappropriated fund instrumentality and that the contract (see RFP Section I, Clause 4) awarded under the RFP will not obligate any appropriated funds of the government.
Our bid protest jurisdiction is limited to the procurements of federal agencies. 31 U.S.C. Sec. 3551-3552 (1988); Kold-Draft Hawaii, Inc., B-222669, Apr. 4, 1986, 86-1 CPD Para. 331. Nonappropriated fund activities and their purchasing offices, as here are not federal agencies. 4 C.F.R. Sec. 21.3(m)(8) (1990). Accordingly, we cannot consider the protest.
The protest is dismissed.