B-214097, JAN 23, 1984
Highlights
GAO'S BID PROTEST JURISDICTION IS BASED UPON ITS ACCOUNT SETTLEMENT AUTHORITY. ALTHOUGH GAO IS REQUIRED TO AUDIT THE ACCOUNTS OF FEDERAL RESERVE SYSTEM BANKS. GAO WILL NOT DECIDE A PROTEST AGAINST A CONTRACT AWARD BY A FEDERAL RESERVE SYSTEM BANK. 2. WHERE IT IS CLEAR FROM A PROTESTER'S INITIAL SUBMISSION THAT THE PROTEST INVOLVES MATTERS WHICH GAO DOES NOT CONSIDER. GAO WILL DISMISS THE PROTEST WITHOUT REQUESTING AN AGENCY REPORT. OUR BID PROTEST JURISDICTION IS BASED UPON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER PUB.L. HIS DECISIONS ON THE EXPENDITURES OF APPROPRIATED FUNDS ARE BINDING ON THE EXECUTIVE BRANCH. ALTHOUGH THE COMPTROLLER GENERAL IS REQUIRED TO AUDIT THE TRANSACTIONS OF FEDERAL RESERVE SYSTEM BANKS UNDER PUB.L.
B-214097, JAN 23, 1984
DIGEST: 1. GAO'S BID PROTEST JURISDICTION IS BASED UPON ITS ACCOUNT SETTLEMENT AUTHORITY. ALTHOUGH GAO IS REQUIRED TO AUDIT THE ACCOUNTS OF FEDERAL RESERVE SYSTEM BANKS, IT LACKS AUTHORITY TO SETTLE THE ACCOUNTS. ACCORDINGLY, GAO WILL NOT DECIDE A PROTEST AGAINST A CONTRACT AWARD BY A FEDERAL RESERVE SYSTEM BANK. 2. WHERE IT IS CLEAR FROM A PROTESTER'S INITIAL SUBMISSION THAT THE PROTEST INVOLVES MATTERS WHICH GAO DOES NOT CONSIDER, GAO WILL DISMISS THE PROTEST WITHOUT REQUESTING AN AGENCY REPORT.
PICHEL AIR SERVICE INC.:
PICHEL AIR SERVICE INC. PROTESTS THE AWARD OF A CONTRACT BY THE FEDERAL RESERVE BANK OF BOSTON. WE DISMISS THE PROTEST.
OUR BID PROTEST JURISDICTION IS BASED UPON OUR AUTHORITY TO ADJUST AND SETTLE ACCOUNTS AND TO CERTIFY BALANCES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS UNDER PUB.L. NO. 97-258, SEC. 3526, 96 STAT. 964 (1982) (TO BE CODIFIED AT 31 U.S.C. SEC. 3526). WITH ACCOUNT SETTLEMENT AUTHORITY, THE COMPTROLLER GENERAL CAN TAKE EXCEPTION TO AN IMPROPER TRANSACTION AND HOLD THE CERTIFYING OFFICER OR RELEVANT OFFICIAL PERSONALLY LIABLE FOR THE AMOUNT OF MONEY IMPROPERLY EXPENDED. MOREOVER, HIS DECISIONS ON THE EXPENDITURES OF APPROPRIATED FUNDS ARE BINDING ON THE EXECUTIVE BRANCH. SEE NORTHERN COURIER SERVICE, INC., 62 COMP.GEN. 40 (1982), 82-2 CPD 430.
ALTHOUGH THE COMPTROLLER GENERAL IS REQUIRED TO AUDIT THE TRANSACTIONS OF FEDERAL RESERVE SYSTEM BANKS UNDER PUB.L. NO. 97-258, SEC. 714, 96 STAT. 890 (1982) (TO BE CODIFIED AT 31 U.S.C. SEC. 714), HE IS NOT GIVEN THE POWER TO TAKE EXCEPTION TO THEIR ACCOUNTS. SINCE OUR ACCOUNT SETTLEMENT AUTHORITY DOES NOT EXTEND TO FEDERAL RESERVE SYSTEM BANKS, WE THEREFORE HAVE NO AUTHORITY TO DECIDE A PROTEST AGAINST A CONTRACT AWARD BY SUCH BANKS. SEE NORTHERN COURIER SERVICE, INC., SUPRA.
SINCE IT IS CLEAR ON THE FACE OF THE PROTEST THAT IT INVOLVES MATTERS WHICH WE DO NOT CONSIDER, WE DISMISS THE PROTEST WITHOUT OBTAINING AN AGENCY REPORT. SEE AMENDMENT TO GAO BID PROTEST PROCEDURES, 48 FED.REG. 1931 (1983) (TO BE CODIFIED AT 4 C.F.R. SEC. 21.3(G)).
THE PROTEST IS DISMISSED.