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B-414546 1 (2017-05-23)

handle is hein.gao/gaobadtkd0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Jay Hymas File: B-414546 Date: May 23, 2017 Jay Hymas, for the protester. Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency. Peter D. Verchinski, Esq., Nora K. Adkins, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's issuance of multiple cooperative farming agreements is dismissed where the protester has already sought and received an adjudication of the matter at the U.S. Court of Appeals for the Federal Circuit. 2. Protest challenging the agency compliance with the Federal Grant and Cooperative Agreement Act is dismissed where our Office does not review protests of the award, or protests of solicitations for the award, of cooperative agreements because they do not involve the award of a procurement contract, and are thus beyond our jurisdiction. DECISION Jay Hymas, of Richland, Washington, protests the Department of the Interior, U.S. Fish and Wildlife Service's (FWS) use of cooperative farming agreements (CFA) in U.S. Fish and Wildlife refuges for 2017. Jay Hymas argues that the CFAs should be issued as procurement contracts because the agency is not following the proper procedures under the Federal Grant and Cooperative Agreement Act (FGCAA), 31 U.S.C. §§ 6301-6308. The protester also alleges that the CFAs are unlawful because the agency is not providing proper notice of the procurements. We dismiss the protest. Jay Hymas' challenges to the agency's CFA program began in 2013 before the U.S. Court of Federal Claims (COFC) and ultimately reached the Court of Appeals for the Federal Circuit. See Hymas v. United States, 117 Fed. Cl. 466 (2014); Hymas v. United States, 810 F.3d 1312 (2016). On January 14, 2016, the Court of Appeals for the Federal Circuit issued a decision resolving the government's appeal of the 2014

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