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B-187515 1 (1976-10-29)

handle is hein.gao/gaobaddwc0001 and id is 1 raw text is: 





           N                                 tHEr. COMPTPOLLER        3IMNI-SAL
    o3 DECISIO0N                             D F ~'orTHE r=LJNJI T 1=W13L0TAT ESE
0:)                                          WABHINtTON, D.C. 2004O



               rVILE:  1-187513                     DATE'     October 29, 1976

               MATTER OF:       Byron Motion Pictures, Inc.


               DIGEST:

                     Protest based on contention that procurement for
                     Government owned, contractor operated laboratory
                     provides for unfair competition by Government
                     with private enterprise is dismissed as not being
                     appropriate for resolition by GAO,


                     Byron $otion Pictures, Inc. (Byron) rquests  an opinion as
                to whether a request for quotation (RFQ) N.  2844-76-RQ-0070
                issued by the U9 S. Navy will result in the Government unfairly
                competing with privat  industry.  Byron alleges that the RFQ
                calls for a Government funded post-production laboratory to be
                operated under contract by personnel of private companies and
                which will provide laboratory services to Goveroment agencies.
                Byron contends that it and its competitors can adequately
                furnish such services in their own privately financed laboratorica.

                     The issue raised by Byron is not one which is appropriate for
                resolution under the Bid Protest Procedures of this Office.  The
                United States Congress and the Executive Branch of the Government
                have long been concerned as to when It is proper for the Government
                to provide for itself commercial and industrial products and ser-
                vices which can be provided under contract by private enterprise.
                The present policy of the Government in this regard is set forth
                in Office of Management and Budget Circular A-76.

                     This Office has always regarded the provisions of Circular A-76
                as matters of Executive policy which do not establish legal rights
                and responsibilities and which are not within the decision functions
                of the General Accounting Office.  53 Comp. Gen. 86 (1973) and
                Universal American Enterprises, Inc., 1-184555, May 26, 1976, 76-1
                CPD 341.

                     Accordingly, the protest is dismissed.




                                                   Paul G. Dembling
                                                   General Counsel

                                           -1  -

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