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B-186800 1 (1976-08-09)

handle is hein.gao/gaobaddir0001 and id is 1 raw text is: 

                      ~   ¾  THE  COMPTROLLER GENE~A
 DECISIOI        .           OF   THE    UNITED       STATES
                             WASHINGTON, D. C. 20548




FILE:   B-186800                    DATE:   <August 9, 1976

MATTER OF: Communitronics Ltd.


DIGEST:

     Where statute prohibits GAO from disallowing credit for
     an expenditure determined by TVA Board to be necessary
     to carry out TVA act, protest involving TVA contract
     award is dismissed because no useful purpose would be
     served by its consideration.

     Communitronics Ltd. has forwarded a copy of its June 18,
1976, protest to the Tennessee Valley Authority (TVA) concern-
ing the award of contract 6-100586 to the General Electric
Company.  Communitronics Ltd. argues that, as the low bidder
meeting the specification requirements, it was entitled to
the contract award.

     Our Bid Protest Procedures provide that an interested
party may protest to this Office the award or the proposed
award of a contract by or for an agency of the Federal govern-
ment whose accounts are subject to settlement by the General
Accounting Office.  4 C.F.R. 20.1(a) (1976).

     However, TVA is a Government corporation whose purchasing
and contracting authority is set forth in subsection (b) of
section 831h, Title 16, United States Code, in part as follows:

     * * *Provided, That, subject only to the pro-
     visions of this chapter, the Corporation is
     authorized to make such expenditures and to
     enter into such contracts, agreements and
     arrangements, upon such terms and conditions
     and in such manner as it may deem necessary
     including the final settlement of all claims
     and litigation by or against the Corporation;
     and, notwithstanding the provisions of any
     other law governing the expenditure of public
     funds, the General Accounting Office * * *
     shall not disallow credit for, nor withhold
     funds because of, any expenditure which the


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