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B-270109 1 (1996-02-06)

handle is hein.gao/gaocrptadwl0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: LDDS Worldcom File: B-270109 Date: February 6, 1996 J. Randolph MacPherson, Esq., Sullivan & Worcester, for the protester. Michael D. Rigg, Esq., Department of the Navy, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against terms of solicitation for license to furnish personal, unofficial telecommunications services to service members is dismissed where solicitation was issued by a nonappropriated fund instrumentality (NAFI) and there is no showing that in conducting the procurement the NAFI was acting as a conduit for the agency in order to circumvent applicable procurement statutes; GAO's bid protest jurisdiction is limited to procurements by federal agencies, and NAFIs do not meet the statutory definition of federal agencies. DECISION LDDS Worldcom protests the terms of request for proposals No. NNA250-95-R-0025, issued by the Navy Exchange Service Command (NEXCOM) for personal, unofficial telecommunications services. LDDS argues that NEXCOM, a Morale, Welfare and Recreation (MWR) activity and a nonappropriated fund instrumentality (NAFI), is seeking to use the solicitation to procure improvements to, and the renovation or repair of, government-owned property, thereby improperly augmenting the Navy's appropriation; according to the protester, the solicited work amounts to military construction services that should be procured by a federal agency with appropriated funds, under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). We dismiss the protest. The solicitation contemplated the award of a non-exclusive, revocable license for a base period of 10 years with 5 option years to furnish personal, unofficial telecommunications services to service members at more than 320 Navy, Marine Corps, and Coast Guard installations. The services to be furnished include bachelor quarters in-room phone service, Navy Lodge in-room phone service, pay phone service, affinity long distance service, over-the-counter and vended prepaid debit 110726

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