B-225003, OCTOBER 24, 1986, 66 COMP.GEN. 67

B-225003, OCTOBER 24, 1986, 66 COMP.GEN. 67

PROCUREMENT - BID PROTEST - SALES - GOVERNMENT PROPERTY - GAO REVIEW UNDER THE COMPETITION IN CONTRACTING ACT OF 1984, A PROTEST FILED WITH THE GENERAL ACCOUNTING OFFICE (GAO) MUST PERTAIN TO A PROCUREMENT OF PROPERTY OR SERVICES BY A FEDERAL AGENCY. PROTEST CONCERNING SALES WILL BE REVIEWED BY GAO ONLY WHERE THE FEDERAL AGENCY INVOLVED HAS AGREED TO SUCH REVIEW.

RALPH URBAN:

RALPH URBAN PROTESTS THE SALE BY THE FARMERS HOME ADMINISTRATION, DEPARTMENT OF AGRICULTURE, OF STANDING HAY FROM THE VAN HUESEN FARM, YATES COUNTY, NEW YORK. MR. URBAN CONTENDS THAT THE BIDDING PROCEDURES UTILIZED TO AWARD THIS CONTRACT FAVORED A PARTICULAR BIDDER AND WERE OTHERWISE DEFECTIVE.

UNDER THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA), 31 U.S.C. 355 (SUPP. III 1985), OUR OFFICE IS AUTHORIZED TO REVIEW PROTEST CONCERNING PROPOSED CONTRACTS FOR THE "PROCUREMENT OF PROPERTY OR SERVICES" BY A FEDERAL AGENCY. DEPARTMENT OF AGRICULTURE, AND, AS SUCH, IT DOES NOT INVOLVE A CICA. AS OUR BID PROTEST REGULATIONS INDICATE, WE WILL REVIEW PROTESTS CONCERNING SALES BY A FEDERAL AGENCY ONLY IF THE AGENCY INVOLVED AGREES IN WRITING TO HAVE ITS PROTESTS DECIDED BY OUR OFFICE; THE AGENCY INVOLVED HERE HAS NOT DONE SO. AS A RESULT, THERE IS NO BASIS FOR REVIEW OF THE PROTEST BY OUR OFFICE. SEE EQUITY FEDERAL SAVINGS BANK, 64 COMP.GEN. 697 (1985), 85-2 CPD 81.

THE PROTEST IS DISMISSED.