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

B-416123,B-416123.2,B-416123.3 1 (2018-06-20)

handle is hein.gao/gaobaduvd0001 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 redacted version has
                                                  been approved for public release.

Matter of:   NTT DATA Services Federal Government, Inc.

File:     B-416123; B-416123.2; B-416123.3

Date:        June 20, 2018

Kevin J. Maynard, Esq., Tracye Winfrey Howard, Esq., Gary S. Ward, Esq.,
Cara L. Lasley, Esq., and Sarah Hansen, Esq., Wiley Rein LLP, for the protester.
John W. Chierichella, Esq., Keith R. Szeliga, Esq., Katie Calogero, Esq., and
Adam Bartolanzo, Esq., Sheppard, Mullin, Richter & Hampton LLP, for International
Business Machines Corporation, an intervenor.
Sara Falk, Esq., and Jose Otero, Esq., Department of Education, for the agency.
Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's evaluation of proposals is dismissed where record
shows that protester was not prejudiced by any evaluation errors allegedly committed in
the evaluation of its quotation, and protester is not an interested party to challenge the
evaluation of the awardee's quotation.

2. Protest alleging that agency engaged in unequal discussions is denied where record
shows that, in conducting a task order acquisition under Federal Acquisition Regulation
part 16, agency effectively established a competitive range that excluded the protester
before conducting further negotiations with remaining concerns.
DECISION

NTT DATA Services Federal Government, Inc. (DSFG),1 of McLean, Virginia, protests
the issuance of a task order to International Business Machines Corporation (IBM), of
Bethesda, Maryland, under request for quotations (RFQ) No. ED-CIO-17-Q-0016,


1 Shortly before submitting its quotation for this acquisition, the protester changed its
name from Dell Services Federal Government, Inc. to NTT Data Services Federal
Government, Inc. Throughout the record, the protester is referred to as DSFG or
NDSFG. For ease of reference, we refer to the protester as DSFG in this decision.

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