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B-187611 1 (1976-11-03)

handle is hein.gao/gaobadega0001 and id is 1 raw text is: 3 -~g~.THE CDIjPTflILLUiF1 WINIEPAL E3 T1- EUIIT ED UATATErL WASHINGTON, C, C. V0u4 FILE: B-187611 DATE; Noverner 3, 19'i6 MATTER OF: Engineering Model Associates, Inc. DIGESBT; .. Where atatute prohibits GAO from disallowing credit for an expenditure determined by TVA Board to be necessary to carry out TVA Act, protest involving TVA'contract award is dismissed becaudte go useful pur- pose would be servo'd by its consideration. Engineering Nodel Associates, Inc., has protested to our Office the award of a contraclt under request for proposals No, 71-541177-3, issued by the Tennessal'e Valley Authority '(TVA) contending that the Buy American Act was not properly applied. Our Bid Protest Procedures provide that an interested party may protest to this office the award or the proposed award of a contract by or for an agency of the Federal GovernmenL hose accounts are subject to settlement by the Genral Accounting Office. 4 C.P.R. § 20.1(a) (1976). However, TVA is a Government corporation whose purchasing and contracting authority is set forth in subsection (b) of section 831h, title 16, United States Code, in part as follows: A * * Provided, That, subject only to the provisions of this chapter, the Corporation is authorized to make'such expenditures and to enter into such-contracts, Egreements and! arringements, upon such terms nnd co- ditions and in such manner as it may deem necessary including the final settlement of all claims and litigation by or against the Corporation; and, notwith- standing the provisions of any other law governing the expenditure of public funds, the General Accounting Officen * * * shall not disallow credit for, nor withhold funds because of, any expenditure which the Board shall deter- mine to have been necessary to carry out the provisions of 'said chapter. -0 b

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