[Request for Advisory Opinion Regarding Proposed Navy Contract Award]

The Navy requested an advisory opinion regarding the propriety of awarding a contract for pilot services to two unincorporated associations of self-employed individual pilots. The Navy advised that the associations: (1) proposed to act as agents for the individual pilots and guaranteed the availability of pilot services; and (2) refused to form a joint venture or to accept responsibility for individual pilots' performance. GAO held that the associations: (1) had no legal existence independent of their membership; and (2) could not bind their membership for contract performance. Accordingly, the Navy should not award the contract to the associations.