B-222669, APR 4, 1986, 86-1 CPD 331
Highlights
CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - NONAPPROPRIATED FUND ACTIVITY PROCUREMENTS DIGEST: PROTEST OF PROCUREMENT CONDUCTED BY NONAPPROPRIATED FUND ACTIVITY IS DISMISSED SINCE GENERAL ACCOUNTING OFFICE BID PROTEST JURISDICTION IS LIMITED TO PROCUREMENTS OF FEDERAL AGENCIES AND NONAPPROPRIATED FUND ACTIVITIES ARE NOT FEDERAL AGENCIES. KOLD-DRAFT CONTENDS THAT IT IS NOT BEING GIVEN AN OPPORTUNITY TO PARTICIPATE IN THE PROCUREMENT. WE ARE ADVISED BY THE ARMY THAT THE HOTEL IS ONE OF ITS NONAPPROPRIATED FUND ACTIVITIES. OUR BID PROTEST JURISDICTION IS LIMITED TO THE PROCUREMENTS OF FEDERAL AGENCIES. 31 U.S.C.A. NONAPPROPRIATED FUND ACTIVITIES ARE NOT FEDERAL AGENCIES. 4 C.F.R. THE PROTEST IS DISMISSED.
B-222669, APR 4, 1986, 86-1 CPD 331
CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - NONAPPROPRIATED FUND ACTIVITY PROCUREMENTS DIGEST: PROTEST OF PROCUREMENT CONDUCTED BY NONAPPROPRIATED FUND ACTIVITY IS DISMISSED SINCE GENERAL ACCOUNTING OFFICE BID PROTEST JURISDICTION IS LIMITED TO PROCUREMENTS OF FEDERAL AGENCIES AND NONAPPROPRIATED FUND ACTIVITIES ARE NOT FEDERAL AGENCIES.
KOLD-DRAFT HAWAII, INC.:
KOLD-DRAFT HAWAII, INC. PROTESTS A PROCUREMENT BY THE HALE KOA HOTEL, HONOLULU. KOLD-DRAFT CONTENDS THAT IT IS NOT BEING GIVEN AN OPPORTUNITY TO PARTICIPATE IN THE PROCUREMENT.
WE ARE ADVISED BY THE ARMY THAT THE HOTEL IS ONE OF ITS NONAPPROPRIATED FUND ACTIVITIES.
OUR BID PROTEST JURISDICTION IS LIMITED TO THE PROCUREMENTS OF FEDERAL AGENCIES. 31 U.S.C.A. SECS. 3551-3556 (WEST SUPP. 1985); SEE MONARCH WATER SYSTEMS, INC., 64 COMP.GEN. 756 (1985), 85-2 CPD PARA. 146. NONAPPROPRIATED FUND ACTIVITIES ARE NOT FEDERAL AGENCIES. 4 C.F.R. SEC. 21.3(8) (1985). ACCORDINGLY, WE CANNOT CONSIDER THIS PROTEST.
THE PROTEST IS DISMISSED.