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B-409073 1 (2014-01-17)

handle is hein.gao/gaobadqbo0001 and id is 1 raw text is: G A O Comptroller General Accountability * 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 redacted version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: The Panther Brands, LLC File: B-409073 Date: January 17, 2014 Mary Elizabeth Bosco, Esq., and Elizabeth M. Gill, Esq., Patton Boggs LLP; and James R. Fisher, Esq., and Debra H. Miller, Esq., Miller & Fisher, LLC, for the protester. Capt. Tyler Davidson, and Scott N. Flesch, Esq., Department of the Army; Lt. Col. Patrick Butler, National Guard Bureau, for the agency. Paula J. Haurilesko, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. GAO will consider the protest of a subcontract award where the government's involvement in the procurement was so pervasive that the government in effect took over the procurement. 2. Protest that the agency failed to recognize the protester's alleged exclusivity agreement with respect to performing one of the solicitation's requirements is denied where the record shows that the awardee proposed to satisfy this requirement in its proposal and the solicitation did not require evidence of an offeror's ability to meet the requirement. DECISION Panther Brands, LLC, of Indianapolis, Indiana, protests the award of a contract to Rahal Letterman Lanigan Racing (RLL), of Brownsburg, Indiana, by Document and Packaging Brokers, Inc., d/b/a Docupak, for sponsorship of a racing team by the Army National Guard for the 2014 IndyCar racing season. We deny the protest. BACKGROUND The Army National Guard has been advertising and marketing itself through sponsorship of an IndyCar driver and team since 2008. Contracting Officer's (CO)

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