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B-416752 1 (2018-09-24)

handle is hein.gao/gaobadvcp0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:   Blade Strategies, LLC

File:        B-416752

Date:       September 24, 2018

Mitzi Whittenburg, for the protester.
James J. McCullough, Esq., Michael J. Anstett, Esq., and Anayansi Rodriguez, Esq.,
Fried, Frank, Harris, Shriver & Jacobson LLP, for Advanced Technology International,
the intervenor.
Debra J. Talley, Esq., Department of the Army, for the agency.
Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging the terms of a solicitation for the award of an other transaction
agreement is dismissed as untimely where the protester did not challenge the agency's
use of its other transaction authority prior to the time for receipt of proposals.
DECISION

Blade Strategies, LLC, of Huntsville, Alabama, a woman-owned small business
(WOSB), protests the decision by the Department of the Army, Army Contracting
Command, to enter into an other transaction agreement (OTA) with Advanced
Technology International (ATI), of Summerville, South Carolina, under the terms of
notice for proposals (NFP) No. W31 P4Q-1 7-X-0001, for development of guided missile
technology. The protester argues that the NFP improperly provided for the award of an
OTA, rather than a procurement contract, and also challenges other terms of the NFP.

We dismiss the protest.

The Army issued the NFP on April 7, 2018, seeking proposals to provide development
and maturation of guided missile technologies, manufacturing and enabling/disruptive
technologies, and aviation technologies. NFP at 3. The solicitation anticipated the
award of the OTA to a representative of a consortium of industry and academia entities with
expertise in the required technologies. Id.  The solicitation provides for a 10-year
agreement with an estimated value of $2 billion. Id. at 5. The solicitation was issued
under the provisions of 10 U.S.C. § 2371b, which authorizes the Secretary of the Army to

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