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B-422805 Aug 30, 2024 1 (2024-08-30)

handle is hein.gao/gaoqtb0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 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. This version has been ---approved for public release. Matter of: Thales LAS France SAS File: B-422805 Date: August 30, 2024 Jason N. Workmaster, Esq., Alexandra Prime, Esq., and Ashley Powers, Esq., Miller & Chevalier Chartered, and Marc Reifsnyder de Chassey, Esq., Thales SA, for the protester. Amy Laderberg O'Sullliivan, Esq., Emily Golchini, Esq., aand Zachary Schroeder, Esq., Crowell & Moring LLP, and Anjali Chaturverdi, Esq., BAE Systems, Inc., for BAE Systems Technology Solutions and Services Inc., the intervenor. Erika Whelan Retta, Esq., and Christian H Robertson II, Esq., United States Air Force, for the U.S. Space Force, the agency. Michael Willems, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the decision of a prime contractor to refuse to sign an end user certificate with the protester in connection with a subcontract procurement is dismissed where the procurement was not by the government and the agency awarding the prime task order has not requested that subcontract protests be decided by our Office. DECISION Thales LAS France SAS, of Limours, France, protests the conduct of a subcontract procurement by BAE Systems Technology Solutions & Services, Inc. (BAE), of Falls Church, Virginia, under solicitation No. MS-23-057, issued by BAE for radar arrays. The protester contends that BAE, acting as the United States Space Force's representative, has erred in refusing to sign an end user certificate to permit Thales to transmit its complete subcontract proposal. We dismiss the protest for lack of jurisdiction. The jurisdiction of our Office is established by the bid protest provisions of the Competition in Contracting Act (CICA), 31 U.S.C. sections 3551-3557. Under CICA, our Office has jurisdiction to resolve bid protests concerning solicitations and contract awards that are issued by a Federal agency. 31 U.S.C. § 3551 (1)(A).

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