Matter of: Cablelink File: B-250066 Date: August 28, 1992
Highlights
General Accounting Office is without jurisdiction to consider a protest of a procurement by the Federal Deposit Insurance Corporation (FDIC) because FDIC is defined by statute as a mixed-ownership corporation and is therefore not a federal agency for bid protest purposes. We dismiss the protest because we have no jurisdiction over procurements by FDIC since it is not a federal agency. Our bid protest jurisdiction is limit to procurements of federal agencies. 31 U.S.C. A federal agency is: "any executive department or independent establishment in the executive branch. FDIC is not a wholly owned government corporation. It is established by law as a mixed-ownership corporation. Mixed-ownership corporations are not federal agencies for purposes of our bid protest jurisdiction.
Matter of: Cablelink File: B-250066 Date: August 28, 1992
General Accounting Office is without jurisdiction to consider a protest of a procurement by the Federal Deposit Insurance Corporation (FDIC) because FDIC is defined by statute as a mixed-ownership corporation and is therefore not a federal agency for bid protest purposes.
Attorneys
DECISION
Cablelink protests the award of a contract under solicitation No. CP71- 208-013 issued by the Federal Deposit Insurance Corporation (FDIC).
We dismiss the protest because we have no jurisdiction over procurements by FDIC since it is not a federal agency.
Under the Competition in Contracting Act of 1984, our bid protest jurisdiction is limit to procurements of federal agencies. 31 U.S.C. Sec. 3551 (1988); 4 C.F.R. Sec. 21.1(a) (1992). A federal agency is:
"any executive department or independent establishment in the executive branch, including any wholly owned government corporation, and any establishment in the legislative or judicial branch, except the Senate, the House of Representatives and the Architect of the Capitol and any activities under his direction." 4 C.F.R. Sec. 21.0(c).
FDIC is not a wholly owned government corporation. It is established by law as a mixed-ownership corporation. See 31 U.S.C. Sec. 9101(2) (C). Mixed-ownership corporations are not federal agencies for purposes of our bid protest jurisdiction. Chas. G. Stott & Co., Inc., B-220302, Sept. 24, 1985, 85-2 CPD Para. 333.
Accordingly, we are without jurisdiction to consider the protest.
The protest is dismissed.