Complaint Alleging Improper Use of a Cooperative Agreement

A firm complained about the Department of Energy's intent to enter into a cooperative agreement with another company for a research project. GAO will consider an objection to an agency's use of a cooperative agreement only if there appears to be a conflict of interest, not alleged here, or when there is a showing that an agency is using the cooperative agreement to avoid the statutory and regulatory requirements for competition which would apply to a procurement. GAO determined that the complainant failed to demonstrate that the project should have been conducted as a procurement. Accordingly, the complaint was dismissed.