About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-407136 1 (2012-11-15)

handle is hein.gao/gaobadpdw0001 and id is 1 raw text is: 



IS      G    A      0Comptroller General
              ~ty * Integrity * Rel lability                         of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: ASC Group, Inc.

          File:       B-407136

          Date:       November 15, 2012

          Daniel L. Everest, Jr., and Stephen D. Blancq, for the protester.
          Timothy J. Ryan, Esq., Department of Defense, Defense Logistics Agency, for the
          agency.
          Paul N. Wengert, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that terms of the licensing agreement required by a solicitation for software
          were unduly restrictive of competition is denied where the agency's market research
          reasonably supported the agency's conclusion that these terms would best meet the
          agency's needs.
          DECISION

          ASC Group, Inc., of Vienna, Virginia, a small business, protests the terms of request
          for proposals (RFP) No. SP3300-12-R-0005, issued by the Department of Defense,
          Defense Logistics Agency (DLA), for a web-based commercial software quality
          management tool (QMT), and supporting services. ASC Group argues that the RFP
          improperly restricts competition by specifying that the software permit use by a
          specified number of concurrent users.

          We deny the protest.

          BACKGROUND

          DLA monitors the performance of various services provided by its support
          contractors. The QMT software application will allow DLA to automate that process,
          by establishing surveillance requirements, scheduling personnel to perform
          surveillance, documenting performance, and reporting results. That information
          allows DLA to track and monitor trends in performance, and to establish and monitor
          any needed preventive or corrective actions. AR, Tab 3, Preliminary Market
          Research Report, at 3; Protester's Supplemental Comments, attach. A, at 3.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most