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B-400650,B-400650.2 1 (2009-01-06)

handle is hein.gao/gaobadarr0001 and id is 1 raw text is: 


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A       GA        O                                                 Comptroller General
      .Accountablity * Integrity * Reliability                        of the United States
 United States Government Accountability Office
 Washington, DC 20548

             D   ..
          Decision


          Matter of:  Spaltudaq Corp.

          File:       B-400650; B-400650.2

          Date:       January 6, 2009

          Jason A. Carey, Esq., John M. Clerici, Esq., and Matthew T. Crosby, Esq., McKenna
          Long & Aldridge LLP, for the protester.
          Judith L. Richardson, Esq., and William H. Anderson, Esq., Defense Threat Reduction
          Agency, for the agency.
          Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency unreasonably discontinued negotiations under a Broad Agency
          Announcement  is denied, where the agency reasonably determined, after four
          months of negotiations, that the parties could not reach agreement on contract terms
          concerning intellectual property rights.
          DECISION

          Spaltudaq Corp. protests the Defense Threat Reduction Agency's (DTRA) decision to
          terminate negotiations with the firm and to not award Spaltudaq a contract under
          Broad Agency Announcement  (BAA) No. HDTRAl-CBMEDICAL-TMTI-BAA, for
          medical research and development program support.

          We deny the protest.

          DTRA's Chemical Biological Technologies Directorate manages and integrates the
          development, demonstration, and transition of chemical and biological defense
          solutions for the Department of Defense. The Directorate includes a Medical
          Science and Technology Division, which issued the BAA here.' The BAA sought

          'A BAA is a contracting method by which agencies can acquire basic and applied
          research to fulfill requirements for scientific study and experimentation directed
          towards advancing the state of the art or increasing knowledge and understanding,
          rather than focusing on a specific system or hardware solution.

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