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B-402109 1 (2009-12-24)

handle is hein.gao/gaobadbct0001 and id is 1 raw text is: 


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A     ,   GA       O                                                  Comptroller General
       Acc untabiity * Integrity * Reliability of the United States
 United States Government Accountability Office
 Washington, DC 20548

             D   ..
          Decision


          Matter of:  Baron Services, Inc.

          File:       B-402109

          Date:       December  24, 2009

          Joel Brown, Esq., and Jeremy Becker-Welts, Esq., Bradley Arant Boult Cummings
          LLP, for the protester.
          H. Jack Shearer, Esq., Department of Energy, for the agency.
          Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST
          Government  Accountability Office will not consider protest of an award of
          subcontract as by the government, where record shows that prime contractor
          conducted the acquisition, including drafting solicitation and evaluation criteria,
          receipt and evaluation of proposals, and selection of subcontractor.
          DECISION

          Baron Services, Inc., of Huntsville, Alabama, protests the decision of Battelle
          Memorial Institute (Battelle), Pacific Northwest Division, of Richland, Washington,
          a prime contractor with the Department of Energy (DOE), not to award it a
          subcontract under request for proposals (RFP) No. 101350 for radars.

          We dismiss the protest.

          On April 8, 2009, Battelle issued a request for information (RFI) on the FedBizOpps
          website, seeking sources for a contemplated procurement of two C-Band Scanning
          Atmospheric Radiation Measurement (ARM)  Precipitation radars to support
          atmospheric and climate research for the ARM Climate Research Facility, which is a
          DOE  national user facility that is managed and operated by nine DOE national
          laboratories, including the Pacific Northwest National Laboratory (PNNL).' See

          'The RFI informed vendors that the RFI was issued as part of market research to
          address PNNL's needs and that Battelle does not intend to award a contract on the
          basis of this RFI, or to otherwise pay for information in response to this RFI. RFI,
          April 8, 2009, at 2.