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B-412535 1 (2016-01-29)

handle is hein.gao/gaobadrvp0001 and id is 1 raw text is: 




        G     A    O                                                  Comptroller General
      Accountabilty * Integrity * Reliability                          of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of: Tetracore, Inc.

         File:        B-412535

         Date:       January 29, 2016

         Gerald H. Werfel, Esq., Baker, Cronogue, Tolle & Werfel, LLP, for the protester.
         Scott M. McCaleb, Esq., John R. Prairie, Esq., and Cara L. Lasley, Esq.,
         Wiley Rein LLP, for MRIGIobal, Inc., the intervenor.
         William B. Blake, Esq., Department of the Interior, for the agency.
         Susan K. McAuliffe, Esq., and Edward Goldstein, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest of agency's failure to conduct a cost/technical tradeoff analysis prior to
         awarding a contract at a higher price than had been proposed by the protester
         under a Broad Agency Announcement (BAA) for research proposals is dismissed
         for failure to present a valid basis of protest where neither procurement regulations
         regarding BAA procurements nor terms of the BAA required such analysis.
         DECISION

         Tetracore, Inc., of Rockville, Maryland, protests the award of a contract to
         MRIGIobal, Inc., of Kansas City, Missouri, under Broad Agency Announcement
         (BAA) No. 15DHS-001, issued by the Department of the Interior, Interior Business
         Center, for research proposals of novel approaches to address emerging, zoonotic,
         and transboundary animal diseases. Contending that its proposal was substantially
         lower-priced than MRIGIobal's, Tetracore argues that the agency failed to conduct a
         cost/technical tradeoff analysis to justify a higher-priced award.

         We dismiss the protest.

         A BAA is a contracting method by which agencies can acquire basic and applied
         research to fulfill requirements for scientific study and experimentation directed
         toward advancing the state of the art or increasing knowledge and understanding,
         rather than focusing on a specific system or hardware solution. Federal Acquisition
         Regulation (FAR) § 35.016. Unlike other competitive procurement methods, a BAA
         does not contain a specific statement of work, proposals need not be evaluated

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