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B-311234.2 1 (2008-04-15)

handle is hein.gao/gaocrptavzj0001 and id is 1 raw text is: 




        G     A A                                                    Comptroller General
                                                                     of the United States
United States Government Accountability Office
Washington, DC20548



         Decision


         Matter of: Clark E. Myatt, Agency Tender Official

         File:       B-311234.2

         Date:       April 15, 2008

         C. Fitch Boles IV, Esq., for the protester.
         Mark S. Christopher, Esq., Department of the Navy, for the agency.
         Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Where the agency tender official protested the terms of a solicitation issued for
         purposes of conducting a public-private competition pursuant to Office of
         Management and Budget Circular A-76, and the agency states that no acceptable
         private sector offers were received in response to the solicitation, there is no
         prejudice to the protester from the solicitation provisions at issue, since
         Circular A-76 requires that the agency either revise and reissue the solicitation, or
         implement the agency tender.
         DECISION

         Clark E. Myatt, the designated agency tender official (ATO) with regard to
         solicitation No. N69450-07-R-0054, which was issued by the Department of the Navy
         for purposes of conducting a public-private competition pursuant to Office of
         Management and Budget (OMB) Circular A-76, protests certain provisions of the
         solicitation.!

         We dismiss the protest.

         In September 2006, the Navy announced its intention to conduct a public-private
         competition pursuant to OMB Circular A-76 for performance of non-guard security
         support services at government installations nationwide; these services are currently

         1 An ATO is [a]n inherently governmental agency official with decision-making
         authority who is responsible for the agency tender and represents the agency tender
         during source selection. OMB Circular A-76, attach. D (May 29, 2003).

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