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DIGEST: PROTEST UNDER TVA PROCUREMENT WILL NOT BE CONSIDERED SINCE GENERAL ACCOUNTING OFFICE IS PRECLUDED BY TVA ACT FROM DISALLOWING CREDIT FOR EXPENDITURES WHICH TVA BOARD OF DIRECTORS DETERMINES NECESSARY IN CARRYING OUT TVA ACT. DISPENSERS CONTENDS THAT TVA'S ACTIONS WERE "WITHOUT JUST CAUSE AND IN VIOLATION OF THE LAW" AND THEREBY BIASED DISPENSERS' COMPETITIVE STANDING. WHILE OUR OFFICE WILL ENTERTAIN PROTESTS AGAINST VARIOUS PROCUREMENT ACTIONS TAKEN BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. THE PROTEST IS DISMISSED.

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B-195021, JUN 26, 1979

DIGEST: PROTEST UNDER TVA PROCUREMENT WILL NOT BE CONSIDERED SINCE GENERAL ACCOUNTING OFFICE IS PRECLUDED BY TVA ACT FROM DISALLOWING CREDIT FOR EXPENDITURES WHICH TVA BOARD OF DIRECTORS DETERMINES NECESSARY IN CARRYING OUT TVA ACT.

DISPENSERS OPTICAL SERVICE, INC.:

DISPENSERS OPTICAL SERVICE, INC. (DISPENSERS) HAS PROTESTED THE WITHDRAWAL OF SOLICITATION NO. 71-572858 ISSUED BY THE TENNESSEE VALLEY AUTHORITY (TVA) AND THE TVA'S DETERMINATION TO RESOLICIT THE PROCUREMENT. DISPENSERS CONTENDS THAT TVA'S ACTIONS WERE "WITHOUT JUST CAUSE AND IN VIOLATION OF THE LAW" AND THEREBY BIASED DISPENSERS' COMPETITIVE STANDING.

WHILE OUR OFFICE WILL ENTERTAIN PROTESTS AGAINST VARIOUS PROCUREMENT ACTIONS TAKEN BY OR FOR AN AGENCY OF THE FEDERAL GOVERNMENT WHOSE ACCOUNTS ARE SUBJECT TO SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE, 4 C.F.R. SEC. 20.1(A) (1978), THE PROVISIONS OF 16 U.S.C. SEC. 831HB) (1976) PRECLUDE OUR OFFICE FROM DISALLOWING CREDIT FOR ANY EXPENDITURES WHICH THE TVA BOARD OF DIRECTORS DETERMINES NECESSARY TO CARRY OUT THE TVA ACT. CONSEQUENTLY, EVEN SHOULD WE DISAGREE WITH THE PROPRIETY OF THE TVA ACTIONS, WE WOULD BE UNABLE TO EFFECT ANY REMEDIAL ACTION. CONSEQUENTLY, WE DECLINE TO CONSIDER THE PROTEST. SEE INSULATED CABLE CORPORATION, B-188494, MARCH 25, 1977, 77-1 CPD 216 AND MOTOROLA, INC. COMMUNICATIONS DIVISION, B-190746, DECEMBER 9, 1977, 77-2 CPD 453.

THE PROTEST IS DISMISSED.

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