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B-188351 1 (1977-02-28)

handle is hein.gao/gaobadekd0001 and id is 1 raw text is: %0u Jessica Botsford %0 . -Proc. I' 'THE COMPTROLLER UENENAL DECISION .. aP THR UNITEo ETAae SWAIS INGTOA. 0.C. aO SE FILE: 5-188351 DATE: 1nar2 ek 19n7 MATTER OF: Ipe4 o Fabricators DIGEST: Where statute prohibits GAD from disallowing credit for expenditure determined by TVA !',Ard to be necessary to carry out TVA Act, pr% .tut involving rejection of bid by TVA as uonresponsive is dismissed because no useful purpose would be served by its consideration. Ipsco Fabricators protests the rejection of its bid as non- responsive and the subsequent contract award to Metal Equipment Co. under a solicitation issued by the Tennessee Valley Authority (TVA). 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 Govermnt whose accounts are subject to settlement by the General Accounting Office. 4 C.F.R. I 20.1(a) (1976). Kowever, TVA Is a Government corporation whose purchasing and contracting authority is set forth in subsection (b) of section 831h, tl.:tle 16, United States Code, in part as follows: C * * Provided, That, subject only to the provisions of this chapter, the Corporation is authorized to make such expenditures and to enter into such contracts, agreements and arrangements, upon such terms and con- ditf6ns and in such maner -as it.may deem necessary, including the final settlement of all claims and liti- gation by or against the Corporation; and, notwith- standing 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 Board shall determine to have been necessary to carry out the pro- visions of said chapter. - 1- I- ._

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