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B-188402, MARCH 3, 1977

B-188402 Mar 03, 1977
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PROTEST FILED UNDER UNITED STATES POSTAL SERVICE CONSTRUCTION PROJECT WILL NOT BE CONSIDERED AS POSTAL SERVICE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GENERAL ACCOUNTING OFFICE. BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. ALTHOUGH THE COMPTROLLER GENERAL IS AUTHORIZED TO AUDIT THE "ACCOUNTS AND OPERATIONS OF THE POSTAL SERVICE" 39 U.S.C. 2008(A) (1970). WE DO NOT HAVE SETTLEMENT AUTHORITY OVER THEIR ACCOUNTS. WE ARE CLOSING OUR FILE IN THE MATTER WITHOUT FURTHER ACTION.

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B-188402, MARCH 3, 1977

PROTEST FILED UNDER UNITED STATES POSTAL SERVICE CONSTRUCTION PROJECT WILL NOT BE CONSIDERED AS POSTAL SERVICE ACCOUNTS ARE NOT SUBJECT TO SETTLEMENT BY GENERAL ACCOUNTING OFFICE.

THOMAS S. BROWN ASSOCIATES, INC.:

THOMAS S. BROWN ASSOCIATES, INC. (BROWN), A POTENTIAL SUBCONTRACTOR FOR CONSTRUCTION WORK ON THE BROOKLYN GENERAL POST OFFICE PROTESTS AGAINST SPECIFICATIONS WHICH EXCLUDE BROWN AS AN APPROVED SOURCE FOR HEATING CONTROLS.

OUR BID PROTEST PROCEDURES AND STANDARDS, 4 C.F.R. 20.1(A) (1976), SPECIFICALLY AUTHORIZE THIS OFFICE TO ENTERTAIN PROTESTS BY INTERESTED PARTIES WISHING TO PROTEST THE PROPOSED AWARD OF A CONTRACT, OR THE AWARD OF A CONTRACT, BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE.

HOWEVER, THE POSTAL REORGANIZATION ACT, PUBLIC LAW 91-375 APPROVED AUGUST 12, 1970, WHICH CREATED THE POSTAL SERVICE, GAVE THE SERVICE AUTHORITY TO SETTLE AND COMPROMISE CLAIMS AGAINST IT, 39 U.S.C. 401(8) (1970), AND TO ENTER INTO CONTRACTS "UPON SUCH TERMS AND CONDITIONS AND IN SUCH MANNER AS IT DEEMS NECESSARY." 39 U.S.C. 2008(C) (1970). ALTHOUGH THE COMPTROLLER GENERAL IS AUTHORIZED TO AUDIT THE "ACCOUNTS AND OPERATIONS OF THE POSTAL SERVICE" 39 U.S.C. 2008(A) (1970), WE DO NOT HAVE SETTLEMENT AUTHORITY OVER THEIR ACCOUNTS.

IN VIEW THEREOF, WE DO NOT DECIDE BID PROTESTS AGAINST THE POSTAL SERVICE. ACCORDINGLY, WE ARE CLOSING OUR FILE IN THE MATTER WITHOUT FURTHER ACTION. COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL, B-183520, MAY 1, 1975, 75-1 CPD 275.

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