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B-418441,B-418441.2 1 (2020-03-13)

handle is hein.gao/gaobaeaud0001 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: R B Toth Associates, LLC File: B-418441 ; B-418441.2 Date: March 13, 2020 Michael Toth, R B Toth Associates, LLC, for the protester. Lisette Voyatzis, Esq., National Endowment for the Humanities, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly awarded a grant instead of a procurement contract is dismissed because the agreement at issue does not contemplate the acquisition of property or services for the direct benefit or use of the United States Government. DECISION R.B. Toth Associates, LLC, of Oakton, Virginia, protests the award of a grant to the University of Rochester by the National Endowment for the Humanities for the development of a low-cost spectral imaging system and accompanying software. The protester alleges that the agency is improperly using the grant to acquire goods and services, which must be acquired by procurement contract. We dismiss the protest for lack of jurisdiction. BACKGROUND The agency proposed to award a grant in the amount of $350,000 to the University of Rochester to fund continued development of a prototype spectral imaging system (comprising imaging equipment, a microcontroller, and associated software). Agency Request to Dismiss at 12-13, 15.1 The university's grant application contemplates that the grant would result in the construction of more robust spectral imaging prototype 1 Because the attachments to the agency's request to dismiss the protest are not consistently paginated, cited page numbers refer to the pdf document pagination of the agency's request.

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