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B-291307.5 1 (2006-05-19)

handle is hein.gao/gaocrptaskz0001 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 DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Veolia Water North America Operating Services, LLC File: B-291307.5; B-298017 Date: May 19, 2006 Kenneth A. Martin, Esq., for the protester. Robert E. Little, Jr., Esq., Department of the Navy, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In negotiated procurements for privatization of utility system assets, protester has not shown that the agency erred in determining that 10 U.S.C. § 2688(f)(2) prohibited the conveyance of utility assets under a proposed scheme in which the protester would contract to operate and maintain the utility system assets and would not retain title in the assets, but would simultaneously transfer title in the assets to an unrelated third party which the agency was required to acknowledge as the primary obligor for the purchase price of the assets. 2. Protest requesting GAO's recommendation based upon a promissory estoppel theory of detrimental reliance by the protester upon alleged actions of the agency that are not grounded upon an asserted statutory or regulatory violation will not be considered because the Competition in Contracting Act of 1984 only authorizes GAO to decide bid protests concerning alleged violations of a procurement statute or regulation. DECISION Veolia Water North America Operating Services, LLC protests the conduct of negotiations by the Naval Facilities Engineering Command (NAVFAC), Department of the Navy, under request for proposals (RFP) No. N62470-00-R-3602, issued by NAVFAC's Atlantic Division to competitively select parties for the privatization (including the transfer of title to private parties) of potable water and wastewater collection utility systems in North Carolina, Virginia, and West Virginia (collectively

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