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B-296391 1 (2005-07-25)

handle is hein.gao/gaocrptaqxj0001 and id is 1 raw text is: 




A         G    A    O                                                 Comptroller General
.       Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Photo Science, Inc.

          File:        B-296391

          Date:        July 25, 2005

          Kurt W. Allen for the protester.
          Robert E. Little, Jr., Esq., and V. Paul Clay, Esq., Department of the Navy, for the
          agency.
          Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Agency did not abuse its discretion in determining that services to identify, measure
          and analyze natural resource habitats and cultural resource sites, using Global
          Positioning System services and Geographic Information Systems data management
          services, are not surveying services subject to the Brooks Act procedures applicable
          to the procurement of architectural and engineering services.
          DECISION

          Photo Science, Inc. protests request for proposals (RFP) No. N68711-05-R-8004,
          issued by the Department of the Navy, Naval Facilities Engineering Command, for
          natural and cultural survey services in California, Arizona, Nevada and New Mexico.
          Photo Science protests that these services are architectural and engineering (A-E)
          services that must be procured using the specialized procedures prescribed by the
          Brooks Act.

          We deny the protest.

          Under the Brooks Act, 40 U.S.C.A. §§ 1101-1104 (West 2005),' agencies must publicly
          announce all requirements for A-E services and select contractors for A-E work on
          the basis of demonstrated technical competence and qualifications. The procedures

          1 The Brooks Act was recodified in 2002, moving it from its previous location at
          40 U.S.C. §§ 541-544 (2000) to its present location. Pub. L. No. 107-217, 116 Stat. 1062
          (2002).

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