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B-233596.2 1 (1989-01-31)

handle is hein.gao/gaobabled0001 and id is 1 raw text is: 

             United States
G A 1]General Accounting Office
   .AL .     Washington, D.C. 20548

             Office of the General Counsel



             B-233596.2

             January 31, 1989
             Mr. Joseph Vellone
             Rural Telephone Bank Board
             2626 Pennsylvania Avenue, N.W.
             Washington, D.C. 20037-1695

             Dear Mr. Vellone:

             This is in response to your letter of December 1, 1988,
             requesting that we reconsider the dismissal of your protest,
             B-232596.1, on November 18, 1988. As a representative of
             the elected members of the Rural Telephone Bank (RTB)
             Board, you had protested the award of a contract by the
             Rural Electrification Administration (REA) for development
             of a plan for conversion of ownership of the RTB on the
             basis of alleged procedural improprieties and undue haste in
             the Board's decision to award the contract.

             We recognize that you and the other elected members of the
             RTB Board are very concerned about the resolution of the
             matters you have presented as a bid protest. However, our
             consideration of bid protests is limited to those brought
             by interested parties, who are actual or prospective
             offerors whose direct economic interest would be affected by
             the award of a contract. See the Competition in Contracting
             Act of 1984, 31 U.S.C. § 3551(2) (Supp. IV 1986), and our
             Bid Protest Regulations, 4 C.F.R. § 21.0(a) (1988). The RTB
             is an agency of the United States subject to the supervision
             and direction of the Secretary of Agriculture (7 U.S.C.
             § 943(a) (1982)), and as observed by REA in its December 16
             letter to us and as you acknowledged in your letter of
             January 10, 1989, the RTB Board does not meet the definition
             of an interested party. Since your bid protest is not for
             consideration by our Office under the statutory and
             regulatory authority cited, your request that we reopen the
             file and consider the merits of your protest is denied.

             In your January 10 letter you also suggested that the
             circumstances surrounding this procurement should be subject
             to an investigation by the Comptroller General. In
             accordance with section 1413(b) of Public Law 100-203, our
             Accounting and Financial Management Division is in the
             process of completing a study of the operations of the RTB
             and is expected to make comments and recommendations
             regarding the issue of privatization and the RTB Board's
             responsibilities. When the report is published, we will




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