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![handle is hein.gao/gaobadczp0001 and id is 1 raw text is:
IB-183670] I1/J 9 /7(a
General Accounting Office-Jurisdiction-Contracts-N.iiip
priated Fund Activities
Since protested award of procurement pursuant to section 22(a) of
Military Sales Act will not involve use of appropriated funds, matter is not
ject to settlement by General Accounting Office and is dismissed.
In the matter of Tele-Dynamics, Division of AMBAC Indstne
January 29, 1976:
This protest concerns a noncompetitive contract award
Department of the Navy, Naval Sea Systems Command (
to Nelson Electric Division of Sola Basic Industries under'
for proposals No. N00024-75-O-4425(S).
By a letter received in this Office on December 12, 1975 from'n
the Navy raised, inter alia, a question concerning our jurisdic
render an authoritative decision on the merits of this protes
Navy states that the transaction in the instant case represej
cash sale of defense articles pursuant to section 22 of the
Military Sales Act, as amended, 22 U.S. Code 2762 (Supp. III
22(a) authorizes the President, without requirement for
to any appropriation or contract authorization otherwise
oded to enter into contracts to procure defense articles or services
rash ale to a foreign country upon a dependable undertaking by
country to make available in advance sufficient funds to cover
ents, damages, and other costs due under the contract.
Jre Navy indicates that the instant transaction was based upon
dependable undertaking pursuant to section 22(a), i.e.,
1$dance payment. According to NSSC, the contract costs are charged
k jainst Navy's Foreign Military Sales Trust Fund, consisting of
cyts made by foreign governments.
From the foregoing record it is sufficiently clear that this contract
not involve payments from appropriated funds. It is well estab-
i that this Office is without authority to render authoritative
ons with respect to procurements which do not involve expendi-
eof appropriated funds. B-171067, March 18, 1971. Our bid
test jurisdiction is based upon our authority to adjust and settle
and to certify balances in the accounts of accountable officers
der31 U.S.C. 71, 74 (1970). Where we do nothave such settlement
,orityover the account concerned, we have declined to consider
tests on the grounds that we could not render an authoritative
on-on the matter. See Equitable Trust Bank, B-181469, July 9,
CPD 14 and Relco, Inc., B-183686, May 5,, 1975, 75-1
noG useful purpose would be served by our consideration of the
4 idte protest is dismissed.
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