B-205600, JAN 11, 1982
Highlights
DIGEST: PROTEST AGAINST THE ALLEGEDLY RESTRICTIVE SPECIFICATIONS FOR A PROCUREMENT WHICH DOES NOT INVOLVE APPROPRIATED FUNDS IS DISMISSED. THE PROTESTER ESSENTIALLY CONTENDS THAT THE SOLICITATION UNDULY RESTRICTS COMPETITION BY SMALL BUSINESS CONCERNS BY REQUIRING THAT OFFERORS SUBMIT A PRICE FOR EACH ITEM LISTED IN THE SCHEDULE AND THAT IT WILL NOT RESULT IN THE LOWEST PRICE TO AAFES FOR THESE ITEMS.
B-205600, JAN 11, 1982
DIGEST: PROTEST AGAINST THE ALLEGEDLY RESTRICTIVE SPECIFICATIONS FOR A PROCUREMENT WHICH DOES NOT INVOLVE APPROPRIATED FUNDS IS DISMISSED. GAO HAS NO AUTHORITY TO RENDER A DECISION CONCERNING THE EXPENDITURE OF NONAPPROPRIATED FUNDS.
BENDE & SONS, INC.:
BENDE & SONS, INC., PROTESTS AGAINST THE ALLEGEDLY RESTRICTIVE TERMS OF SOLICITATION NO. HQ-MR-U-81-8-81-001 ISSUED BY THE ARMY AND AIR FORCE EXCHANGE SERVICES HEADQUARTERS (AAFES) FOR MILITARY INSIGNIA. THE PROTESTER ESSENTIALLY CONTENDS THAT THE SOLICITATION UNDULY RESTRICTS COMPETITION BY SMALL BUSINESS CONCERNS BY REQUIRING THAT OFFERORS SUBMIT A PRICE FOR EACH ITEM LISTED IN THE SCHEDULE AND THAT IT WILL NOT RESULT IN THE LOWEST PRICE TO AAFES FOR THESE ITEMS.
WE DISMISS THE PROTEST BECAUSE THE PROCUREMENT DOES NOT INVOLVE THE USE OF APPROPRIATED FUNDS AND OUR OFFICE HAS NO AUTHORITY TO CONSIDER A PROTEST CONCERNING THE EXPENDITURE OF NONAPPROPRIATED FUNDS. 4 C.F.R. SEC. 21.1(A) (1981); SPECIALIZED MANAGEMENT SERVICES CO., B-192521, AUGUST 31, 1978, 78-2 CPD 164.