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B-188770 1 (1978-02-24)

handle is hein.gao/gaobadftf0001 and id is 1 raw text is: I s - A THE COMPTROLLER CENERAL D I . THE UNITE ETAEM WABMINGTON, 0.C. 20541 FILE: B-188770 DATE: Pebruary 24, 1978 MATTER OF: Porte Constructors--Reconsideration DIGEBT: Where statute authorizes imposition of surcharge on sales of goods sold in commissaries and provides for specific use of funds collected, such funda are appropriated and subject to settlemevt by GAO. Therefore, GAO will ccnsider bid protest involving procurement funded by commissary surcharge fund. Prior decision overruled. Fortec Const:uctors (Portec) requests reconsideration of our decision of April 14, -1977, in which we declined toconsider its protest of the award of a contract under cequest fo proposals (RFP) No. DACA21-77-R-O080 issued by the U.S. Army Corps of Engineers (Corps), Savannah District. The RFP solicited proposals for the design and construction of a commissary at Fort Steiwart, .Georqgia. Upon receipt of advice from the.Corps that nonapprop- rioted commissary surcharge funds were involved in this procurement, we dismissed the protest because this Office does not settle nonappropriated fund ac- counts. Fortec asserts that our dismissal wasinappropriate because in fact the funds involved are appropriated. In addition to several arguments made in support of that proposition, Fortec cites United States-Biscuit Conpany of -Amerca v. Wirtz, 359 F. 2d 206 (D.C. Cir. 1966), which held that tilirevolving fund used for commissary purchases which is replenished by money received for goods sold to the military consumer is .in effect, an on-going appropriation. In reconsidering this matter, we solicited the views of the Department of Defense (DOD) and the V 7- 1 - ~~~~1

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