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B-183785 1 (1975-05-28)

handle is hein.gao/gaobadcjo0001 and id is 1 raw text is: 

                             THE  COMPTROLLER GENERAL
OECISION         *       .   OF   THE    UNITED      STATES
                             W AS HINGTON. 0. C. 20548




FILE:  B-183785                     DATE:  May 28, 1975

MATTER OF:      Leslie and Elliott Company, Inc.,et al.


DIGEST:

     GAO is precluded from rendering authoritative decision on
     protest filed against procurement conducted on behalf of
     nonappropriated fund activity, since bid protest juris-
     diction is based on account settlement authority under
     31 U.S.C. 71 and 74 and General Accounting Office Act of
     1974 provides GAO with audit but not settlement authority
     over nonappropriated fund activities.


     Leslie and Elliott Company, Incorporated, and Leslie-Elliott
 Contractors, Incorporated, co-principals, have protested the action
 of the Navy in refusing to consider the protester's bid under invi-
 tation for bids (IFB) No. N62472-74-B-0200 issued by the U.S. Navy,
 U.S . Submarine Base, New London, Groton, Connecticut.- The protest-
 er's bid was rejected as late because it was filed more than 90
 minutes after the scheduled bid opening. The record indicates that
 the protester's bid was delayed by an unscheduled Radiological Con-
 tamination .drill which prevented timely submission of the bid.

     We are informed that the procurement, calling for the construc-
 tion of a hobby shop at the U.S. Submarine Base, does not involve
 the expenditure of appropriated funds. With respect to our consid-
 eration of protests involving nonappropriated funds, we stated in
 ACS Construction Company, Inc., B-183034, April 18, 1975, as follows:

     * * * We have previously held that this Office is
     without authority to render authoritative decisions
     with respect to procurements conducted by or on be-
     half of nonappropriated fund activities. B-181469,
     July 9, 1974; B-179854, October 29, 1973; B-178786,
     July 16, 1973; B-171417, December 17, 1970. Al-
     though recently this Office was authorized to review
     and audit the operations and funds of certain non-
     appropriated fund activities, see section 301 of
     the General Accounting Office Act of 1974, Public
     Law 93-604, approved January 2, 1975, our bid pro-
     test jurisdiction is based on our authority to


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