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B-310065 1 (2007-11-21)

handle is hein.gao/gaocrptaujh0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been Decision .approved for public release. Matter of. NAC International, Inc. File: B-310065 Date: November 21, 2007 Daniel F. Stenger, Esq., Michael D. McGill, Esq., and Deborah A. Raviv, Esq., Hogan & Hartson LLP, for the protester. Robert H. Thompson, Esq., and Jarom T. Smartt, Esq., Tennessee Valley Authority, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The Tennessee Valley Authority (TVA), while a federal agency subject to GAO's bid protest jurisdiction under the Competition in Contracting Act (CICA), has its own statute, the TVA Act, which governs the agency's procurement procedures; as a result, the TVA is not subject to CICA's requirement to obtain full and open competition and is not required to comply with the Federal Acquisition Regulation. 2. Protest challenging terms of solicitation as unduly restrictive is denied where agency had reasonable basis to conclude it would receive proposals that satisfied the agency's statutory requirement to obtain adequate competition. DECISION NAC International, Inc. protests the terms of request for proposals (RFP) No. SWO- 200701, issued by the Tennessee Valley Authority (TVA) for provision of storage units for spent nuclear fuel at two TVA facilities. NAC contends that the solicitation is unduly restrictive of competition because its schedule of initial deliveries can only be met by the incumbent contractor. We deny the protest. BACKGROUND The TVA is a federal corporation which, among other responsibilities, provides power for a large area of the southeastern United States. The TVA operates various

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