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B-405270.2,B-405270.3 1 (2011-10-03)

handle is hein.gao/gaobadohj0001 and id is 1 raw text is: 


   AL

G               A     0                                                 Comptroller General
Acc      untabiity * Integrity * Reliability                            of the United States
  United States Government Accountability Office    DOCUMENT FOR PUBLIC RELEASE
  Washington, DC 20548
                                                       The decision issued on the date below was subject to a
                                                       GAO Protective Order. This version has been
           Decision                                    a.roe for.




           Matter of: NEK Advanced Securities Group, Inc.

           File:       B-405270.2; B-405270.3

           Date:       October 3, 2011

           Emanuel Anton, Esq., Anton Law Group, for the protester.
           Debra J. Talley, Esq., Department of the Army, for the agency.
           Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Government Accountability Office will not consider protest of subcontractor
           selection as by the government where prime contractor developed the evaluation
           criteria, participated in the evaluation of initial proposals, developed the terms of a
           request for final offers, evaluated the final proposals, performed the responsibility
           determinations, and selected the awardee.
           DECISION

           NEK Advanced Securities Group, Inc., of Colorado Springs, Colorado, protests the
           decision by Raytheon Technical Services Company, LLC, a government prime
           contractor, to select Oak Grove Technologies, Inc., of Raleigh, North Carolina, rather
           than itself, to provide training support to the Army.

           We dismiss the protest.'

           In 2007, the U.S. Army Program Executive Office for Simulation, Training and
           Instrumentation (PEO STRI) awarded Raytheon a 10-year indefinite-delivery/
           indefinite-quantity contract to provide training services and support for U.S. military
           agencies and multinational coalition forces. In April 2011, PEO STRI issued a


           'The agency sought dismissal of the protest arguing that it was untimely and that our
           Office lacked jurisdiction over the protest. Because, as explained below, we agree
           with the agency that we lack jurisdiction, we need not address the agency's
           argument that the protest was untimely filed.

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