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B-191233 1 (1978-03-02)

handle is hein.gao/gaobadfth0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECIUION . . OP TMW U gro STATEs t k. af W4HEiP .TVJN,. 0 .0C. 2U004Ua FILE: 3-191233 DATE: Mrch 2. 1978 MATTER OF: Communications Satellite Corporation DIGEST: Protest based upon refusal of Office of Telecommunications Policy to make appropriate determination pursuant to Federal Communications Commission deci- *ions--which'would permit offeror to provide communications services directly to Governadnt in NASA procurement--is not for.consideration. GAO does not review protests concerning adherence to Executive bradch or departmental policies, and to extent that protest is analogous to cases where regulatory agency determination adversely affects individual offeror's eligibility for award, it is similarly not for consideration. The Communications Satellite Corporation (Comsat), protested to our Office on rebtuary 7, 1978, concerni'ag the award of a contract for wideband data communications services to Western Union International, Inc., by the Netional Aeronautics and Space Administration (NASA). The information submitted by the jrotester inidicates that NASA regarded its proposal as technically superior and lowest in cost. However, it appears that NASA declined to make an awarc to Comsat because an appro- priate determination by thc Office of Telecommunications Policy (0TP), Executive Office of the President, was lacking. FSome discussion of the background is necessary to understand the factual situation. Comsat points out that the .Communications' satellite Act of 1962 authorized it to contract with 'authorized users, including the United States Governiment, for the services of the communications satellite system. 47 U.SC. S 735(b)(4) (1970). However, the result of several Federal Communications Commission (FCC) decisions in 1966 and 1967 was that Comsat would be authorized by FCC to provide services directly to the -l1 -

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