Skip to main content

B-198618, MAY 15, 1980

B-198618 May 15, 1980
Jump To:
Skip to Highlights

Highlights

DIGEST: PROTEST CONCERNING AWARD OF CONCESSION CONTRACT IS DISMISSED SINCE IT INVOLVES POST RESTAURANT FUND. THE SOLICITATION IS TO LEAD TO THE AWARD OF A CONCESSION CONTRACT FOR THE OPERATION OF A POST RESTAURANT. IS TO BE PAID TO THE POST RESTAURANT FUND. WE ARE ADVISED THAT THIS FUND IS A NONAPPROPRIATED FUND. WE ALSO POINT OUT THAT IT APPEARS THE PROTEST IS UNTIMELY AND THEREFORE NOT FOR CONSIDERATION IN ANY EVENT. WHILE THE PROTEST WAS NOT RECEIVED HERE UNTIL AFTER THAT DATE. THE PROTEST IS DISMISSED.

View Decision

B-198618, MAY 15, 1980

DIGEST: PROTEST CONCERNING AWARD OF CONCESSION CONTRACT IS DISMISSED SINCE IT INVOLVES POST RESTAURANT FUND, A NONAPPROPRIATED FUND ACTIVITY, OVER WHICH GAO HAS NO AUTHORITY TO RENDER BID PROTEST DECISION.

HONEY SAGE ENTERPRISES, INC.:

HONEY SAGE ENTERPRISES, INC. (HONEY SAGE) PROTESTS THE REQUIREMENT IN SOLICITATION NO. DABT-15-80-B-0024, ISSUED BY THE U. S. ARMY, FORT BENJAMIN HARRISON, INDIANA, THAT THE AWARDEE PROVIDE A $10,000 SECURITY DEPOSIT FOR FOOD SERVICES REQUIRED BY THE POST RESTAURANT FUND.

THE SOLICITATION IS TO LEAD TO THE AWARD OF A CONCESSION CONTRACT FOR THE OPERATION OF A POST RESTAURANT. THE DEPOSIT, AS WELL AS A COMMISSION ON SALE REVENUE, IS TO BE PAID TO THE POST RESTAURANT FUND.

WE ARE ADVISED THAT THIS FUND IS A NONAPPROPRIATED FUND. THIS OFFICE, HOWEVER, HAS NO AUTHORITY TO RENDER A DECISION INVOLVING A NONAPPROPRIATED FUND ACTIVITY. MS. GENEVA OSBORNE, B-188004, JANUARY 7, 1977, 77-1 CPD 15; GENE'S MOBILE T.V., B-189089, MAY 25, 1977, 77-1 CPD 368.

WE ALSO POINT OUT THAT IT APPEARS THE PROTEST IS UNTIMELY AND THEREFORE NOT FOR CONSIDERATION IN ANY EVENT. OUR BID PROTEST PROCEDURES REQUIRE PROTESTS OF ALLEGED SOLICITATION DEFICIENCIES TO BE FILED PRIOR TO BID OPENING. 4 C.F.R. 20.2(B)(1) (1980). BID OPENING OCCURRED ON APRIL 21, WHILE THE PROTEST WAS NOT RECEIVED HERE UNTIL AFTER THAT DATE.

THE PROTEST IS DISMISSED.

GAO Contacts

Office of Public Affairs