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B-419706 Apr 15, 2021 1 (2021-04-15)

handle is hein.gao/gaolnb0001 and id is 1 raw text is: 1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
Decision
Matter of: VanderHouwen & Associates, Inc.
File:     B-419706
Date:     April 15, 2021
Howard W. Roth III, Esq., Meghan. A. Douris, Esq., and William G. Cason, Esq., Oles
Morrison Rinker & Baker LLP, for the protester.
Nicholas M. Bidwell, Esq., James J. Jurich, Esq., Kevin Bell, Esq., and Donna
Oden-Orr, Esq., Department of Energy, for the agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest challenging agency's decision not to exercise options under protester's blanket
purchase agreement, based on alleged errors in agency's evaluation of vendors' past
performance, involves a matter of contract administration which we will not consider.
DECISION
VanderHouwen & Associates, Inc., of Portland, Oregon, protests the decision by the
Department of Energy, Bonneville Power Administration, not to exercise further options
under VanderHouwen's blanket purchase agreement (BPA) (No. 75836) for staffing
services.1 Specifically, VanderHouwen challenges the agency's evaluation of vendors'
performance--on which the agency relied in deciding not to exercise VanderHouwen's
1 The Bonneville Power Administration is a federal entity within the Department of
Energy, and was created by the Bonneville Project Act of 1937 to market hydroelectric
power generated by a series of dams along the Columbia River in Oregon and
Washington. 16 U.S.C. §§ 832-832m. Unlike most executive branch agencies, the
Bonneville Power Administration's contracting activities are not governed by the Federal
Property and Administrative Services Act of 1949, as amended by the Competition in
Contracting Act of 1984. 40 U.S.C. § 113(e)(18). Rather, the Bonneville Project Act
provides the agency with contracting authority, and such authority is subject only to the
provisions of that statute. 16 U.S.C. § 832a(f); see also Centerra Integrated Facilities
Services, LLC, B-418628, Apr. 23, 2020, 2020 CPD ¶ 155 at 2; Gonzales Consulting
Servs., Inc., B-291642.2, July 16, 2003, 2003 CPD ¶ 128 at 2 n.1.

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