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B-194019 1 (1979-03-07)

handle is hein.gao/gaobadgzd0001 and id is 1 raw text is: 

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                        THE  COMPTROLLER GENERAL
DECISION      j ~OF THE UNITED STATES
                        WASHINGTON. 0.C. 20548


B-194019


Cam Industries, Inc.
                 DI  of O


DIGEST:


          Protest against procurement by
          Tennessee Valley Authority will
          not be considered because General
          Accounting Office is precluded by
          TVA Act from disallowing credit for
          expenditures which TVA Board has
          determined necessary to carry out
          purposes of TVA Act and remedial
          action, if considered necessary,
          would be impossible.


       Cam Industries, Inc. (Cam), protests the proposed
  award of a contract to another firm by the Tennessee
  Valley Authority (TVA) under invitation for bids (IFB)
  No. 38-823205.  The basis of Cam's protest is that the
  proposed awardee has not submitted a bid which is re-
  sponsive to the commercial and technical requirements
  of the IFB.

       While our Office has authority under 4 C.F.R.
  S.20.1(a) (1978) to consider protests involving
  procurement actions by or for agencies of the Federal
  Government whose accounts are subject to settlement
  by the General Accounting Office, our Office does not
  consider protests involving procurement actions of the
  TVA.  Under 16 U.S.C. § 331h(b)(1976), the General
  Accounting Office is precluded from disallowing credit
  for any expenditure which the TVA Board determines is
  necessary to carry out the TVA Act.  Consequently, no
  useful purpose would be served by consideration of the
  protest because even if we were to find some impropriety
  in the actions of the TVA, we would be unable to effect
  any remedial action.  ?otorola, Inc. - Communications
  Division, B-190746, December 9, 1977, 77-2 CPD 453;
  Ipsco Fabricators, B-183351, February 23, 1977, 77-1
  CPD 148.


FILE:


MATTER  OF:


DATE: Mamh T., 19T9

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