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B-416657.5,B-416657.6 1 (2018-12-11)

handle is hein.gao/gaobadvie0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: International Business Machines Corporation File: B-416657.5; B-416657.6 Date: December 11, 2018 J. Andrew Jackson, Esq., Fernand A. Lavallee, Esq., Paul V. Lettow, Esq., Cherie J. Owen, Esq., Ryan P. McGovern, Esq., and Robert N. Stander, Esq., Jones Day, and James A. Hughes, Esq., Hughes Law PLC, for the protester. Christina M. Austin, Esq., and Andrew Bramnick, Esq., Department of Defense, for the agency. Glenn G. Wolcott, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed where the matter involved is the subject of litigation before a court of competent jurisdiction. DECISION International Business Machines Corporation (IBM), of Bethesda, Maryland, protests various aspects of request for proposals (RFP) No. HQ0034-18-R-0077, issued by the Department of Defense (DoD) to obtain comprehensive cloud services.' Among other things, IBM asserts that the RFP provisions leading to a single-award indefinite-delivery, indefinite-quantity contract are contrary to statute and regulation; the terms of the solicitation exceed the agency's needs; and the agency failed to properly consider potential conflicts of interest. We dismiss the protest because the matter involved is currently pending before a court of competent jurisdiction. We will not decide a protest where the matter involved is the subject of litigation before a court of competent jurisdiction. Bid Protest Regulations, 4 C.F.R. § 21.11 (b); Oahu 1 The procurement is generally referred to as the Joint Enterprise Defense Infrastructure (JEDI) Cloud procurement.

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