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B-185388 1 (1975-12-23)

handle is hein.gao/gaobaddug0001 and id is 1 raw text is: Q THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES ..ASHINGTON, D.C. 20548 FILE: B-185388 DATE: December 23, 1975 MATTER OF: Nash Equipment Company DIGEST: GAO is precluded from rendering decision on protest filed against procurement conducted on behalf of non- appropriated fund activity since bid protest jurisdic- tion is based on account settlement authority under 31 U.S.C. H§ 71 and 74 (1970) and General Accounting Office Act of 1974, which provides GAO with audit but not settlement authority over nonappropriated fund activities. Nash Equipment Company has protested award of a contract based on a sole-source procurement for dock levelers at Yokota Air Force Base, Japan, awarded by the Army/Air Force Exchange Service. We are informed that the procurement does not involve the expenditure of appropriated funds. With respect to our consider- ation of protests involving nonappropriated funds, we stated in ACS Construction Company, Inc., B-183034, April 18, 1975, 75-1 CPD 238, as follows: * * * We have previously held that this Office is without authority to render * * * decisions with respect to procurements conducted by or on behalf of nonappropriated fund activities. B-181469, July 9, 1974; B-179854, October 29, 1973; B-178786, July 16, 1973; B-171417, December 17, 1970. Although recently this Office was authorized to review and audit the operations and funds of certain nonappropriated fund activities, see section 301 of the General Accounting Office Act of 1974, Public Law 93-604, approved Janu- ary 2, 1975, our bid protest jurisdiction is based on our authority to adjust and settle accounts and to certify balances in the accounts of accountable offi- cers under 31 U.S.C. 71, 74 (1970). Wheelabrator Cr. v. Chafee, 455 F. 2d 1306, 1313 (D.C. Cir. 1971); 46 Comp. Gen. 441 (1966); B-167782, January 21, 1970. Where we do not have such settlement authority, we have declined to consider protests * * ** - 1 -

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