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B-415676 1 (2018-02-06)

handle is hein.gao/gaobadujb0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States ....................................................................................................................... DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Peter Vander Werff Construction, Inc. File: B-415676 Date: February 6, 2018 David S. Demian, Esq., Christopher R. Sillari, Esq., and Rishi S. Bhatt, Esq., Finch, Thornton & Baird, LLP, for the protester. Matthew Butsick, Esq., Department of Energy, for the agency. Robert T. Wu, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the decision of a prime contractor to award a subcontract is dismissed where the procurement was not by the government and the agency awarding the prime contract has not requested that subcontract protests be decided by our Office. DECISION Peter Vander Werff Construction, Inc. (PVWC), of El Cajon, California, protests the award of a subcontract by Lawrence Livermore National Security, LLC (LLNS) under solicitation No. B620862 for general construction and design-build construction services. PVWC challenges LLNS's decision not to award the protester a master task agreement. The Department of Energy, National Nuclear Security Agency (NNSA) requests that we dismiss the protest asserting that we lack jurisdiction over the protest. We dismiss the protest. BACKGROUND LLNS is the prime contractor (under contract No. DE-AC52-07NA27344) for the management and operation (M&O) of NNSA's Lawrence Livermore National Laboratory in Livermore, California. Declaration of NNSA Contracting Officer at 1-2. By the terms of the prime contract, LLNS has the authority to enter into subcontracts for goods and services necessary to the performance of its duties. Consistent with Federal Acquisition Regulation (FAR) clause 52.244-5, LLNS is required to select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract. FAR clause 52.244-5(a). Furthermore,

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