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B-186293 1 (1976-07-29)

handle is hein.gao/gaobaddjr0001 and id is 1 raw text is: 




                             THE  COMPTROLLER GENERAL
DECISION             ~       OF   THE UNITED STATES
                             WASHINGTON, D.C. 20548




FILE:     B-186293                 DATE:   July 29, 1976

MATTER OF:       Alpha Omega Brick Construction Company, Inc.


DIGEST:

     GAO does not have authority to render decision
     relative to protest concerning award of contract
     by General Services Administration for Federal
     Home Loan Bank Board since GAO has audit but
     not settlement authority over activities of Board,
     whose funds are being utilized.


     Alpha Omega Brick Construction Company, Inc. (Alpha Omega),
has protested the award of a contract by the General Services
Administration (GSA) for the interior brick work at the Federal
Home Loan Bank Building.

     Our Office has recently ascertained from GSA that while the
contracts for the construction of the building are being let by
GSA, GSA funds are not being used to pay for the building but
Federal Home Loan Bank Board assessments of member banks are being
utilized as contemplated by 12 U.S.C. § 1438(c) (1970), the statute
authorizing construction of the building.

     As regards the powers of the Board to contract for the above
services, utilizing the services of GSA, 12 U.S.C. § 1438(c)(6)
provides that:

     Except as otherwise provided in this subsection
     or by the board, the provisions of this subsection
     and the functions thereby or thereunder subsisting
     shall be applicable and exercisable notwithstanding
     and without regard to * * * any other provision of
     law relating to the construction, alteration, repair,
     or furnishing of public or other buildings or struc-
     tures * * *.


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