B-184220, JUL 17, 1975
Highlights
MEXICAN-AMERICAN COMMISSION ESTABLISHED UNDER COUNTRY-TO-COUNTRY AGREEMENT IS NOT AGENCY OF FEDERAL GOVERNMENT WHOSE EXPENDITURES ARE SUBJECT TO SETTLEMENT BY GAO. GAO WILL NOT CONSIDER PROTEST INVOLVING PROCUREMENTS BY SUCH COMMISSION. THE COMMISSION WAS ESTABLISHED BY AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE MEXICAN SECRETARIAT OF AGRICULTURE AND LIVESTOCK PURSUANT TO 21 U.S.C. BY THE TERMS OF THE AGREEMENT THE PURCHASE OF EQUIPMENT AND SUPPLIES FOR THE PROGRAM ARE TO BE MEXICAN-MADE WHENEVER PRACTICABLE. THE PROMULGATION OF PROCEDURES AND REGULATIONS NECESSARY TO CARRY OUT THE PROGRAM IS VESTED IN THE COMMISSION. EVEN THOUGH THE COMMISSION IS 80 PERCENT FUNDED BY THE UNITED STATES.
B-184220, JUL 17, 1975
MEXICAN-AMERICAN COMMISSION ESTABLISHED UNDER COUNTRY-TO-COUNTRY AGREEMENT IS NOT AGENCY OF FEDERAL GOVERNMENT WHOSE EXPENDITURES ARE SUBJECT TO SETTLEMENT BY GAO. HENCE, GAO WILL NOT CONSIDER PROTEST INVOLVING PROCUREMENTS BY SUCH COMMISSION.
GENERAL HANDLING SYSTEMS, INC.:
GENERAL HANDLING SYSTEMS, INC., HAS PROTESTED AWARD OF A CONTRACT TO A MEXICAN CONCERN UNDER SOLICITATIONS ISSUED BY THE MEXICAN-UNITED STATES COMMISSION FOR THE ERADICATION OF THE SCREWWORM.
THE COMMISSION WAS ESTABLISHED BY AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE MEXICAN SECRETARIAT OF AGRICULTURE AND LIVESTOCK PURSUANT TO 21 U.S.C. SEC. 114B (SUPP. II, 1972). BY THE TERMS OF THE AGREEMENT THE PURCHASE OF EQUIPMENT AND SUPPLIES FOR THE PROGRAM ARE TO BE MEXICAN-MADE WHENEVER PRACTICABLE. THE PROMULGATION OF PROCEDURES AND REGULATIONS NECESSARY TO CARRY OUT THE PROGRAM IS VESTED IN THE COMMISSION. SEE, IN THIS REGARD, 52 COMP. GEN. 136, 139 (1972).
ADDITIONALLY, EVEN THOUGH THE COMMISSION IS 80 PERCENT FUNDED BY THE UNITED STATES, THE COMMISSION IS NOT AN AGENCY OF THE FEDERAL GOVERNMENT AND EXPENDITURES BY THE COMMISSION ARE NOT SUBJECT TO SETTLEMENT BY OUR OFFICE. THE BID PROTEST PROCEDURES OF OUR OFFICE, 40 FED. REG. 17979 (1975), PROVIDE CONSIDERATION OF PROTESTS AGAINST AWARDS OR PROPOSED AWARDS OF CONTRACTS BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GAO.
ACCORDINGLY, WE MUST DECLINE TO RULE ON YOUR PROTEST.