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B-191244 1 (1978-03-21)

handle is hein.gao/gaobadfvs0001 and id is 1 raw text is: THE COMPTROLLER GENER DECISION . o r TM uNIrE o *t.TL.. 7 WASHINGTON, D. C. 205It FILE: 8-191244 DATE: March 21, 1978 MATTER OF: Abbott Power Corporation DIGEST: G4O declines to consider protest of p~ocurement made on behalf of foreign governme.:t under section 22 of Arms Export Control Act becaiuse procurement was not accomplished with appropriated funds. Abbott Power Corpordtion (Abbott) has protested the issuance by the United States Army Corps of Engineers of invitation for bids (IFB) Nos. DACA-87-78-B-0032, DACA- 87-78-8-0081, DACA-87-78-B-0092, DACA-f7-78-B-0085 and DACA-87-78-B-0086 without the incorporation of a clause providing for proyress payments for small busi- ness concerns. We have been advised by the Corps of Engineers that these IFB's represent procurements on behalf of a foreign government under section 22 of the Arms Export Control Act, as amended, 22 U.S.C. s 2751, et seq. We have held that since our bid protest jurisdiction is based on our settlement authority over appropriated funds, we will declire to consider protests against pro- curements made under section 22 of the trms Export Control Act (formerly the Foreign Military Saleu hct) inasmuch as such procurements involve the use of nonappropriated funds. Tele-Dynamics, Division of AMBAC Tndustries, 55 Comp. Gen. 674 (1976), 76-1 CPD 60. We have also expressed the view that the use of appropriated funds in connection with the inicial p:ocessing and administratiin of such contracts under the provisions of Public Law No. 94-329, 90 Stat. 729 (June 30, 1976), 4ith reimbursement by the countries accepting offers under section 22 of the act as required -1-

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