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B-419667 Mar 30, 2021 1 (2021-03-30)

handle is hein.gao/gaolhw0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. The complete decision has now been approved for public release. Matter of: APR Staffing File: B-419667 Date: March 30, 2021 S. Lane Tucker, Esq., and Connor R. Smith, Esq., Stoel Rives LLP, for the protester. Nicholas M. Bidwell, Esq., James J. Jurich, Esq., Kevin Bell, Esq., and Donna Oden-Orr, Esq., Department of Energy, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that alleges errors in the agency's evaluation of protester's prior performance under a blanket purchase agreement (BPA), on which the agency relied in deciding not to exercise options under the BPA, involves matters of contract administration which we will not consider. DECISION APR Staffing, LLC, of Portland, Oregon, protests the decision by the Department of Energy, Bonneville Power Administration, not to exercise further options under APR's blanket purchase agreement (BPA) (No. 75829) for staffing services.1 Specifically, APR challenges the agency's evaluation of vendors' performance--on which the agency relied in deciding not to exercise APR's options--asserting that the agency's actions 1 The Bonneville Power Administration is a federal entity within the Department of Energy, and was created by the Bonneville Project Act of 1937 to market hydroelectric power generated by a series of dams along the Columbia River in Oregon and Washington. 16 U.S.C. §§ 832-832m. Unlike most executive branch agencies, the Bonneville Power Administration's contracting activities are not governed by the Federal Property and Administrative Services Act of 1949, as amended by the Competition in Contracting Act of 1984. 40 U.S.C. § 113(e)(18). Rather, the Bonneville Project Act provides the agency with contracting authority, and such authority is subject only to the provisions of that statute. 16 U.S.C. § 832a(f); see also Centerra Integrated Facilities Services, LLC, B-418628, Apr. 23, 2020, 2020 CPD ¶ 155 at 2; Gonzales Consulting Servs., Inc., B-291642.2, July 16, 2003, 2003 CPD ¶ 128 at 2 n.1.

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