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B-180148 1 (1973-12-13)

handle is hein.gao/gaobaadsn0001 and id is 1 raw text is: 



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            Vinnell Corporation
            1145 Westminivter Avenue
            Athambra, C.ifornia  91803

                 Attention: G. V. Owens
                            Manager of Contracta
            Ocatlemeni

                 We refer to your telefax message dated November 26, 1973,
            protpQsting against awa:d of contracts under proposals nuubera
            71470 anZ 2582-34, issued by the Government of M.erca Gamoeoa,

                 Resolution of your protest on its merits is not required
            since our Office is without juriudiction to render an authori-
            tativo decision on the matter,
                 In our decision reported at 46 Comp, Con. 586 (1966), we
            concluded that S=*a i  an entity analogous to a Statc And, con-
            fiequently, Ssroa is not a Federal agency for purpose of the rule
            that where one, Federal agency damages property of another Federal
            agency, funcs available to the first may not be used to pay claim!
            for da n e by the sncond, Insofar as this holding relats to
            status, it Is consistent with our prior acceptance of the view
            that the Governoment of AmerLcan Samoa is not a Federal agency.
            D-131569, JuaG 11, 1957.

                 The Govermnent of American Samoa collects and expends reve-
            nues not vholly appropriated by the Congress, and the Department
            of the Intqrlo i-f the opinion that Samoa is not an integral
            oruanizational component of that Department,

                 Ia view of these circumtancea and since, as otated below,
            federally appropriated funds arc not involved in the procurement,
            we are of the opinion that the Government of American Samoa is
            not a Federal agency withiu the meaning of section 1-l..203 of the
            Federal Vtocuremont Regulations (FPR)  See, also,40 U.SC. 472
            (a) add (b)Z Those regulations are therefore not applicable to
            procurements made by Samoa. See FPR sec. 1-1.004b


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