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B-417170 1 (2019-01-24)

handle is hein.gao/gaobadvla0001 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: Desktop Alert, Inc. File: B-417170 Date: January 24, 2019 Howard Ryan, Desktop Alert, Inc., for the protester. Scott N. Flesch, Esq., Richard Hagner, Esq., Jason W. Allen, Department of the Army, for the agency. Heather Self, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of an agency's decision to perform requirements in-house rather than to contract for them is dismissed because such decisions are a matter of executive branch policy. 2. Protest alleging violation of statutory preferences applicable to the purchase of commercial items is dismissed because such preferences are inapplicable to an agency's in-house performance of requirements. 3. General challenge to alleged past and present agency acquisitions and other non-acquisition actions, without specifying any particular procurement, fails to state a valid basis for protest. DECISION Desktop Alert, Inc. generally protests the actions of the Department of the Army in planning and obtaining an emergency alert system for use at multiple Army installations. The protester contends the Army is accomplishing this work improperly through both in-house use of existing government off the shelf (GOTS) software and various contracts or task orders, although the protester presents no information about any specific solicitations or contracts. The protester argues the Army's use of GOTS software contravenes both Office of Management and Budget Circular A-76 and Federal Acquisition Regulation (FAR) part 12. We dismiss the protest.

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