B-194274.2, MAY 8, 1979
Highlights
DIGEST: PROTEST OF AWARD OF CONTRACT BY PENSION BENEFIT GUARANTY CORPORATION WILL NOT BE CONSIDERED SINCE CORPORATION IS WHOLLY OWNED GOVERNMENT CORPORATION AND HAS BROAD AUTHORITY TO DETERMINE CHARACTER AND MANNER OF ITS EXPEDITURES. KENNERLY WAS NOTIFIED ON FEBRUARY 23. THAT IT WAS NOT THE SUCCESSFUL BIDDER. KENNERLY WAS FURTHER INFORMED OF PBGC'S REASONS FOR NOT ACCEPTING THE BID AT A DEBRIEFING ON APRIL 3. THE CORPORATION IS DEFINED IN THE GOVERNMENT CORPORATION CONTROL ACT. AS A WHOLLY OWNED GOVERNMENT CORPORATION AND ITS ACTIVITIES AND FUNCTIONS ARE. THIS BROAD DISCRETIONARY AUTHORITY IS SIMILAR TO THAT FOUND IN MANY GOVERNMENT CORPORATIONS. WE HAVE CONSISTENTLY DECLINED TO CONSIDER PROTESTS INVOLVING PROCUREMENTS CONDUCTED UNDER THE BROAD AUTHORITY OF WHOLLY OWNED GOVERNMENT CORPORATIONS.
B-194274.2, MAY 8, 1979
DIGEST: PROTEST OF AWARD OF CONTRACT BY PENSION BENEFIT GUARANTY CORPORATION WILL NOT BE CONSIDERED SINCE CORPORATION IS WHOLLY OWNED GOVERNMENT CORPORATION AND HAS BROAD AUTHORITY TO DETERMINE CHARACTER AND MANNER OF ITS EXPEDITURES.
KENNERLY ASSOCIATES, INC.:
KENNERLY ASSOCIATES, INC. (KENNERLY), PROTESTS THE AWARD OF A CONTRACT BY THE PENSION BENEFIT GUARANTY CORPORATION (PBGC) UNDER REQUEST FOR PROPOSALS (RFP) NO. 78-31.
KENNERLY WAS NOTIFIED ON FEBRUARY 23, 1979, THAT IT WAS NOT THE SUCCESSFUL BIDDER. KENNERLY WAS FURTHER INFORMED OF PBGC'S REASONS FOR NOT ACCEPTING THE BID AT A DEBRIEFING ON APRIL 3, 1979. KENNERLY SUBSEQUENTLY FILED A PROTEST WITH OUR OFFICE ON APRIL 16, 1979. KENNERLY CONTENDS THAT ITS BID SHOULD BE IMPARTIALLY EVALUATED BECAUSE KENNERLY COULD PERFORM THE WORK AT A CONSIDERABLY LOWER COST TO THE GOVERNMENT.
THE CORPORATION IS DEFINED IN THE GOVERNMENT CORPORATION CONTROL ACT, 31 U.S.C. SEC. 846 (1976), AS A WHOLLY OWNED GOVERNMENT CORPORATION AND ITS ACTIVITIES AND FUNCTIONS ARE, BY STATUTE, LARGELY AUTONOMOUS. 29 U.S.C. SEC. 1301 ET SEQ. (1976). THIS BROAD DISCRETIONARY AUTHORITY IS SIMILAR TO THAT FOUND IN MANY GOVERNMENT CORPORATIONS. WE HAVE CONSISTENTLY DECLINED TO CONSIDER PROTESTS INVOLVING PROCUREMENTS CONDUCTED UNDER THE BROAD AUTHORITY OF WHOLLY OWNED GOVERNMENT CORPORATIONS. INGERSOLL RAND COMPANY, B-190275, OCTOBER 12, 1977, 77-2 CPD 289.
THEREFORE, THE PROTEST IS DISMISSED.