B-232518, Sep 16, 1988, 88-2 CPD 256

B-232518: Sep 16, 1988

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Will not be considered without a showing by the protester that a contract subject to the procurement statutes and regulations rather than a cooperative agreement was the appropriate instrument. Unless there is some showing that the agency is using a cooperative agreement where a contract is required. That is. The agency is using the cooperative agreement award process to avoid the competitive requirements of procurement laws. We limit our review because the award of cooperative agreements is not significantly controlled by statutes and regulations having the force and effect of law as is the award of procurement contracts. Try American has not shown that a cooperative agreement was contemplated instead of a contract to avoid competitive requirements of procurement laws.

B-232518, Sep 16, 1988, 88-2 CPD 256

PROCUREMENT - Bid Protests - Cooperative agreements - GAO review DIGEST: Protest against rejection of an application to participate in a non profit program funded by an executive agency for the award of a cooperative agreement, will not be considered without a showing by the protester that a contract subject to the procurement statutes and regulations rather than a cooperative agreement was the appropriate instrument, or that a conflict of interest exists.

Try American International:

Try American International protests the rejection of its application submitted to the Foreign Agricultural Service, Department of Agriculture, for participation in the FY 1989 Targeted Export Assistance Program (TEA) through the award of a cooperative agreement.

We dismiss the protest.

We generally do not review protests concerning the award of cooperative agreements, unless there is some showing that the agency is using a cooperative agreement where a contract is required, that is, the agency is using the cooperative agreement award process to avoid the competitive requirements of procurement laws, or that a conflict of interest exists. Avante International Systems Corp., B-227951, July 17, 1987, 87-2 CPD Para. 63. We limit our review because the award of cooperative agreements is not significantly controlled by statutes and regulations having the force and effect of law as is the award of procurement contracts, and our involvement would result in interference with the administration by executive branch agencies of their financial assistance programs. Id. Try American has not shown that a cooperative agreement was contemplated instead of a contract to avoid competitive requirements of procurement laws, or that a conflict of interest exists.

Accordingly, no basis exists for consideration of the protest under our Bid Protest Regulations, 4 C.F.R., Part 21 (1988), which concerns only protests of awards subject to the procurement statutes and regulations.

The protest is dismissed.