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B-416061 1 (2018-05-31)

handle is hein.gao/gaobadurr0001 and id is 1 raw text is: GAOU.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: Oracle America, Inc. File: B-416061 Date: May 31, 2018 Marcia G. Madsen, Esq., David F. Dowd, Esq., Luke Levasseur, Esq., Roger V. Abbott, Esq., and Michael J. Word, Esq., Mayer Brown LLP, for the protester. A. Jeff Ifrah, Esq., and Whitney A. Fore, Ifrah Law, for REAN Cloud LLC, the intervenor. Rachel E. Woods, Esq., and Wade L. Brown, Esq., Department of the Army, for the agency. Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester is an interested party to protest that the agency improperly used its other transaction authority to enter into a follow-on production transaction, where the protester's interest in a competed solution if the protest is sustained is sufficient for it to be considered an interested party. 2. Protest of the agency's entry into a follow-on production transaction under the agency's other transaction authority is sustained, where the agency did not comply with the requirements of the statute. DECISION Oracle America, Inc., of Reston, Virginia, challenges the Department of the Army's entry into an other transaction agreement1 (OTA) with REAN Cloud LLC (REAN), of Herndon, Virginia, which was awarded as a follow-on production OTA (P-OTA) under 10 U.S.C. § 2371 b(f) for cloud migration and cloud operation services. Oracle contends that, in 1 Other transactions are legally-binding instruments, other than contracts, grants, or cooperative agreements, that generally are not subject to federal laws and regulations applicable to procurement contracts. These instruments are used for various purposes by federal agencies that have been granted statutory authority permitting their use. See, e.q., the Aviation and Transportation Security Act (ATSA), 49 U.S.C. § 106(l)(6).

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