B-222483, APR 16, 1986, 65 COMP.GEN. 504
Highlights
CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - ACTIVITIES NOT INVOLVING FEDERAL PROCUREMENT GENERAL ACCOUNTING OFFICE HAS NO AUTHORITY TO CONSIDER A PROTEST OF THE AWARD OF A CONTRACT BY THE GOVERNMENT OF EGYPT TO BE FINANCED UNDER THE FOREIGN MILITARY SALES PROGRAM BECAUSE THE SOLICITATION WAS ISSUED AND THE AWARD MADE BY OTHER THAN A FEDERAL AGENCY. THE CONTRACT IS TO BE FINANCED BY THE DEFENSE SECURITY ASSISTANCE AGENCY UNDER THE FOREIGN MILITARY SALES PROGRAM. A "FEDERAL AGENCY" IS DEFINED TO MEAN ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT IN THE EXECUTIVE BRANCH. " THE SOLICITATION WAS ISSUED AND THE AWARD WAS MADE BY THE GOVERNMENT OF EGYPT. WHICH CLEARLY IS NOT A "FEDERAL AGENCY.".
B-222483, APR 16, 1986, 65 COMP.GEN. 504
CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - ACTIVITIES NOT INVOLVING FEDERAL PROCUREMENT GENERAL ACCOUNTING OFFICE HAS NO AUTHORITY TO CONSIDER A PROTEST OF THE AWARD OF A CONTRACT BY THE GOVERNMENT OF EGYPT TO BE FINANCED UNDER THE FOREIGN MILITARY SALES PROGRAM BECAUSE THE SOLICITATION WAS ISSUED AND THE AWARD MADE BY OTHER THAN A FEDERAL AGENCY.
MATTER OF: ENVIRONMENTAL TECTONICS CORP., APRIL 16, 1986:
ENVIRONMENTAL TECTONICS CORP. PROTESTS THE AWARD OF A CONTRACT FOR AEROMEDICAL EQUIPMENT TO TECHNOLOGY, INC. BY THE GOVERNMENT OF EGYPT. THE CONTRACT IS TO BE FINANCED BY THE DEFENSE SECURITY ASSISTANCE AGENCY UNDER THE FOREIGN MILITARY SALES PROGRAM.
UNDER THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA), 31 U.S.C.A. SECS. 3551-3556 (WEST SUPP. 1985) AND OUR IMPLEMENTING BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.1(A) (1985), AN INTERESTED PARTY MAY PROTEST TO THIS OFFICE A SOLICITATION ISSUED BY OR FOR A FEDERAL AGENCY FOR THE PROCUREMENT OF PROPERTY OR SERVICES, OR THE PROPOSED AWARD OR AWARD OF SUCH A CONTRACT. A "FEDERAL AGENCY" IS DEFINED TO MEAN ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT IN THE EXECUTIVE BRANCH, INCLUDING ANY WHOLLY OWNED GOVERNMENT CORPORATION, AND ANY ESTABLISHMENT IN THE LEGISLATIVE OR JUDICIAL BRANCH, EXCEPT THE SENATE, THE HOUSE OF REPRESENTATIVES, AND THE ARCHITECT OF THE CAPITOL AND ANY ACTIVITIES UNDER HIS DIRECTION. SEE 4 C.F.R. SEC. 21.0(B).
HERE, ALTHOUGH IT APPEARS THAT THE CONTRACT MAY BE FINANCED THROUGH A LOAN MADE BY A "FEDERAL AGENCY," THE SOLICITATION WAS ISSUED AND THE AWARD WAS MADE BY THE GOVERNMENT OF EGYPT, WHICH CLEARLY IS NOT A "FEDERAL AGENCY." SINCE THE PROTEST DOES NOT CONCERN A SOLICITATION ISSUED BY OR FOR A FEDERAL AGENCY, IT DOES NOT FIT WITHIN OUR BID PROTEST AUTHORITY UNDER CICA. SEE CHAS. G. STOTT & CO., INC., B-220302, SEPT. 24, 1985, 85-2 CPD PARA. 333.
THE PROTEST IS DISMISSED.