B-192653, OCT 10, 1978

B-192653: Oct 10, 1978

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DIGEST: PROTEST AGAINST AWARD OF CONTRACT BY POSTAL RATE COMMISSION WILL NOT BE CONSIDERED SINCE POSTAL RATE COMMISSION ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GAO. APPLIES TO THOSE FEDERAL GOVERNMENT AGENCIES WHOSE ACCOUNTS ARE SUBJECT TO ADJUSTMENT AND SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE UNDER 31 U.S.C. THE EXPENDITURES OF THE COMMISSION ARE FROM THE POSTAL SERVICE FUND. 39 U.S.C. ACCOUNTS INVOLVING THE USE OF SUCH FUNDS ARE NOT SUBJECT TO SETTLEMENT BY THIS OFFICE.

B-192653, OCT 10, 1978

DIGEST: PROTEST AGAINST AWARD OF CONTRACT BY POSTAL RATE COMMISSION WILL NOT BE CONSIDERED SINCE POSTAL RATE COMMISSION ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GAO.

ALDERSON REPORTING COMPANY, INC.:

ALDERSON REPORTING COMPANY, INC. (ALDERSON), PROTESTS AGAINST THE AWARD OF A CONTRACT TO ACME REPORTING COMPANY BY THE POSTAL RATE COMMISSION (COMMISSION) UNDER SOLICITATION NO. 109909-79-G-001 FOR REPORTING SERVICES IN FISCAL YEAR 1979.

OUR JURISDICTION TO CONSIDER PROTESTS AGAINST THE PROPOSED AWARD OF CONTRACTS, OR THE AWARD OF CONTRACTS, APPLIES TO THOSE FEDERAL GOVERNMENT AGENCIES WHOSE ACCOUNTS ARE SUBJECT TO ADJUSTMENT AND SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE UNDER 31 U.S.C. SECS. 71, 74 (1970).

HOWEVER, THE PROVISIONS OF 39 U.S.C. SEC. 410(A) (1970) AND 39 U.S.C. SEC. 3604(E), P. L. 94-421, SEPTEMBER 24, 1976, 90 STAT. 1303, 1306 (AMENDING 39 U.S.C. SEC. 3604 (1970)), EXEMPT THE COMMISSION FROM FEDERAL LAWS AND REGULATIONS APPLICABLE TO PUBLIC CONTRACTS, BUDGETS AND FUNDS. MOREOVER, THE EXPENDITURES OF THE COMMISSION ARE FROM THE POSTAL SERVICE FUND. 39 U.S.C. SEC. 3604(D)(2), P. L. 94-421, SUPRA. ACCOUNTS INVOLVING THE USE OF SUCH FUNDS ARE NOT SUBJECT TO SETTLEMENT BY THIS OFFICE. THEREFORE, WE DO NOT CONSIDER BID PROTESTS INVOLVING THE COMMISSION. NORTH AMERICAN REPORTING, INC., B-192653, SEPTEMBER 12, 1978.

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