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B-400925,B-400925.2 1 (2009-03-09)

handle is hein.gao/gaobadatj0001 and id is 1 raw text is: li AL G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Alatech Healthcare, LLC File: B-400925; B-400925.2 Date: March 9, 2009 Robert S. Nichols, Esq., Amy Laderberg O'Sullivan, Esq., and James G. Peyster, Esq., Crowell & Moring LLP, for the protester. Diane A. Perone, Esq., United States Agency for International Development, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Government Accountability Office will not consider protest of an award of subcontract as by the government, where record shows that prime contractor had extensive involvement in conducting acquisition, including drafting of solicitation, receipt and evaluation of proposals and selection of successful concerns. DECISION Alatech Healthcare, LLC, of Dothan, Alabama, protests the decision of John Snow, Inc. (JSI), of Boston, Massachusetts, a prime contractor with the United States Agency for International Development (AID), not to award it a subcontract under request for proposals (RFP) No. RH-03-08, issued by JSI for a quantity of male condoms. We dismiss the protest. The agency has an ongoing requirement for male condoms in connection with various reproductive health and HIV/AIDS prevention programs administered by AID on a worldwide basis. Agency Report (AR), exh. 7, ¶ 2. The agency advises that, in 2005 and 2006, in connection with responding to various high priority requirements, it determined that it could better meet its needs by awarding prime indefinite- delivery/indefinite-quantity contracts, under which it could acquire condoms, as well as other goods. Id., ¶¶ 5-7. Toward that end, AID awarded what is referred to as the DELIVER contract to JSI in 2006, under which JSI would, among other things, assist AID in meeting its requirements for male condoms through the award of one or more subcontracts. Id.; AR, exh. 3.

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