B-189035, JUNE 17, 1977
Highlights
UNITED STATES PURCHASE ON BEHALF OF FOREIGN GOVERNMENT PURSUANT TO SECTION 22(A) OF FOREIGN MILITARY SALES ACT WILL NOT INVOLVE SPENDING OF APPROPRIATED FUNDS. PURCHASE IS NOT SUBJECT TO GENERAL ACCOUNTING OFFICE'S SETTLEMENT AUTHORITY AND PROTEST IS DISMISSED. THE PROCUREMENT FOR DEFENSE SERVICES WAS UNDERTAKEN BY THE ARMY ON BEHALF OF THE GOVERNMENT OF SAUDI ARABIA UNDER THE AUTHORITY OF THE FOREIGN MILITARY SALES ACT. NO APPROPRIATION OF THE UNITED STATES GOVERNMENT IS TO BE CHARGED. OUR BID PROTEST JURISDICTION IS PREDICATED UPON THE AUTHORITY OF THE GENERAL ACCOUNTING OFFICE TO SETTLE ACCOUNTS OF AGENCIES OF THE FEDERAL GOVERNMENT. WE DO NOT RENDER DECISIONS WHERE NO APPROPRIATED FUNDS ARE INVOLVED.
B-189035, JUNE 17, 1977
UNITED STATES PURCHASE ON BEHALF OF FOREIGN GOVERNMENT PURSUANT TO SECTION 22(A) OF FOREIGN MILITARY SALES ACT WILL NOT INVOLVE SPENDING OF APPROPRIATED FUNDS. THEREFORE, PURCHASE IS NOT SUBJECT TO GENERAL ACCOUNTING OFFICE'S SETTLEMENT AUTHORITY AND PROTEST IS DISMISSED.
ENDURE-A-LIFETIME PRODUCTS, INC.:
ENDURE-A-LIFETIME PRODUCTS, INC., PROTESTS THE AWARD OF A CONTRACT TO PANELFAB INTERNATIONAL CORPORATION UNDER INVITATION FOR BIDS NO. DACA87-77 -B-0026 ISSUED BY THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS.
THE PROCUREMENT FOR DEFENSE SERVICES WAS UNDERTAKEN BY THE ARMY ON BEHALF OF THE GOVERNMENT OF SAUDI ARABIA UNDER THE AUTHORITY OF THE FOREIGN MILITARY SALES ACT, AS AMENDED, 22 U.S.C. 2762(A) (SUPP. V, 1975). THIS CASE ADVANCE PAYMENT HAS BEEN MADE BY THE SAUDI ARABIA GOVERNMENT TO COVER THE CONTRACT COSTS. NO APPROPRIATION OF THE UNITED STATES GOVERNMENT IS TO BE CHARGED.
OUR BID PROTEST JURISDICTION IS PREDICATED UPON THE AUTHORITY OF THE GENERAL ACCOUNTING OFFICE TO SETTLE ACCOUNTS OF AGENCIES OF THE FEDERAL GOVERNMENT. SEE 4 C.F.R. 20.1(A) (1977). WE DO NOT RENDER DECISIONS WHERE NO APPROPRIATED FUNDS ARE INVOLVED. B-171067, MARCH 18, 1971; ACS CONSTRUCTION COMPANY, INC., B-183034, APRIL 18, 1975, 75-1 CPD 238. SINCE THE PROCUREMENT IN THE INSTANT CASE DOES NOT INVOLVE A CHARGE TO AN APPROPRIATION ACCOUNT THAT IS SUBJECT TO SETTLEMENT BY THIS OFFICE, WE COULD NOT TAKE ANY REMEDIAL ACTION EVEN IF WE SHOULD FIND THE PROCUREMENT IMPROPER UNDER THE RULES GENERALLY APPLICABLE TO GOVERNMENT PROCUREMENTS. ACCORDINGLY, WE MUST CONCLUDE THAT NO USEFUL PURPOSE WOULD BE SERVED BY OUR CONSIDERATION OF THE MATTER. TELE DYNAMICS, 55 COMP.GEN. 674, (1976), 76-1 CPD 60.
THEREFORE, THE PROTEST IS DISMISSED.