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B-185839 1 (1976-06-02)

handle is hein.gao/gaobaddlj0001 and id is 1 raw text is: V DECISION C jL THE COIPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20548 ~Oq :-185839 DATE June 2, 1976 TTER OF: Bogue Electric.M Anufactur ng Company EST: o United States' purchase of domestic supple alf of foreign government pursuantto section 22(2 f Foreign . Military Sales Act will not involve spending of appropriated funds. Therefore, purchase .is not subject to General Accounting Office's settlemeint authority and protest is dismissed. Bogue Electric Manufacturing Company (Bogue) has protested what it alleges to be auction techniques used by the Defense General Supply Center (DGSC), Richmond, Virginia, under request for proposals (RFP) No. DSA400-76-R-0090. By letter received in this Office on May 21, 1976, the United States Army Materiel Development and Readiness Command informed us that the transaction in this case will be a cash sale of defense articles pursuant to section 22(a) of the Foreign Military Sales Act, as amended, 22 U.S.C. 2762(a) (Supp. IV, 1975). In Tele-Dynamics, Division of ANBAC Industries, 55 Comp. Gen. 674, 76-1 CPD 60, we held that, because such transactions do not involve the expenditure of appropriated funds and are not subject to our settlement authority, this Office could not render authoritative decisions on such trans- actions. Section 20.1(a) of GAO's Bid Protest Procedures, 40 Fed. Reg. 17979 (1975). Under the rationale of Tele-Dynamics, supra, we see no useful purpose in our considering the matter; therefore, the protest is dismissed. Paul G. Dembling/ General Counsel - 1 - I- ( FILE MAT DIGE

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