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B-188157 1 (1977-03-01)

handle is hein.gao/gaobadeki0001 and id is 1 raw text is: 

                                                                                   I





     DEIIN0~                    THE   CCOMPTROLLER CENERIAL
     DECISIDOll                   O   T14E   UNITED      STATUS
                                  WAUHINGTON, D.C. 20E54E



     FILE:  3-188157                    DATE:  habnCh 11 197

     MATTER OF: Connell Brothers Company, Ltd.


     DIGEST:

         United States' purchase of profabricated housing on behalf
         of foreign government pursuant to sectinn 22(a) of foreign
         Military Sales Act will not invc i spen-ling of Appropriated
         funds.  Therefore purchase is no subject to Ceneral Account-
         ing office's settlement authority and protest is dismissed.

         Connell Brothers Company, Ltd. (CBC) has protested certain
     specification requirements under the U.S. Army Corps of Engineers'
     (Corps) Invitation fur Bids (IFB) DACA87-77-B-0026.

         By letter received in this Office on February 15, 1977 the
     Corps informed us that this case invol-es a cash sale of defense                 -
     articles pursuant to section 22(a) of the Foreign Military Sales
     Act, as amend¶1ed, 22 U.S.Cr 2762(a) (Supp. 1, 1975). In Tele-
     Dynamics, Division of AMBAC Ildustries, 55 Comp. Gen. 674, 76-1
     CPD 60, we held that, because such transactions do not involve the
     e-penditure of appropriated funds and are not subject to our settle-
     nent authority, this Officu would not render decisions on such
     transactions. Section 20.1(a) of GAO's Bid Protest Procedires,
     4 CFR 20 (1976).

         Under the rationale of Tale-Dynamics, supra, we see no useful
     purpose in our considering the matter; therefore, the protest is
     dismissed.




                                    Paul G. Dembling
                                    General Counsel




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