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B-187635 1 (1977-01-21)

handle is hein.gao/gaobadeiw0001 and id is 1 raw text is: 









                             THU  COMPTNOLLEN URNERAL
     ONCIGg@N .O P THE UNITED ETATUID
                             NIW NCYON, D.C. anEutS



     FILE: 3-157635                DATE;   onary 91, 1W'

     MATTER  OF:   Gibraltar Industries, Inc.


     DIGEST:

          GAO has no authority to review request for
          correction of alleged mistake in bid on solic-
          itation issued pursuant to section 22(a) of
          Foreign kilitary Balsa Act. Accordingly,
          matter is dismiased.


          This matter concerns a pre-avard protest filed by
     Gibraltar Industries, Inc. (Gibraltar), the low bidder
     on Invitation for Bids (175) DSAI00-76-B-1314, issued
     by the Defense Suppl;r Agency (DSA), Defense Personnel
     Support Center, Phil.-adelphia, Pennsylvania. Gibraltar
     has requested correction of an.a~leged mistake in its
     bid.

     *    By letter dated December 30, 1976, DSA informed
     this Office that the solicitation represents part of a
     maleof  defense articles to a foreign country under the
     a thoiity of the Foreign Military Salem Act, 22 U.S.C.
     2751 etiseq., 22 U.S.C. 2762(a) (Supp. 1973). Because
     much tzansactions do not involve the expenditure of
     appropriated funds, they are not subject to our settle-
     men  authority. This Office, therefore, cannot render
     ani uthoritative decision involving the legality of the
     amounr to be charged the Gove2naent in this case. Tele-
     Dynamics Divioion of AMBAC Industrias, 55 Coup. Can. 674
     (1976), 76-1 CPD 60; 29 Comp. 0e. 393, 394 (1950).

          Inasmuch. as no us.eful purpose would be served by
    our  consideration of the matter, the matter is dismissed.




                                Paul G. Dembling
                                General Counsel




L~r-_1                                                           2

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