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B-417011 1 (2019-01-17)

handle is hein.gao/gaobadvld0001 and id is 1 raw text is: 



GO 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
                                               a GAO Protective Order. This redacted version has
Decision                                       been approved for public release.



Matter of: ACI Technologies, Inc.

File:        B-417011

Date:        January 17, 2019

H. Todd Whay, Esq., The Whay Law Firm, for the protester.
D. Randall Kemplin, Esq., Christopher A. Monsey, Esq., and Eric VanWiltenburg, Esq.,
Department of the Navy, for the agency.
Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging the issuance of a solicitation that anticipates selection of a
consortium to enter into an other transaction agreement (OTA) for prototype projects is
denied in part and dismissed in part where the anticipated work is within the agency's
statutory authority to enter into OTAs, and where the protester fails to provide adequate
factual support for its contention that the work is duplicative of existing research.
DECISION

ACI Technologies, Inc., of Philadelphia, Pennsylvania, a small business, protests the
issuance of solicitation No. N00164-18-9-0001 by the Department of the Navy, Naval
Surface Warfare Center, with the intent of entering into an other transaction agreement
(OTA) for prototype projects. The protester argues that the solicitation anticipates
performance of work that is not related to prototype projects and is therefore outside the
agency's statutory authority for OTAs, and that the solicitation improperly provides for
work that duplicates existing research.

We deny the protest in part and dismiss it in part.

BACKGROUND

The Navy issued the solicitation on September 12, 2018, seeking proposals for the
establishment of an OTA with a consortium of contractors who will support the agency's
Strategic & Spectrum Missions Advanced Resilient Trusted Systems (S2MARTS)

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