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B-298627 1 (2006-11-15)

handle is hein.gao/gaocrptasrj0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: eFedBudget Corporation File: B-298627 Date: November 15, 2006 John E. Cleckner for the protester. James K. Kearney, Esq., and Holly Emrick Svetz, Esq., Womble Carlyle Sandridge & Rice, LLC, for RGII Technologies, Inc., an intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably concluded that protester is not an acceptable source to perform a contract for maintenance and support of contracting agency's software system, where the record shows that use of proprietary software belonging to the incumbent contractor, and currently unavailable to any other firm, is necessary for successful performance of the contract. 2. Protest of proposed sole-source award is sustained where the record shows that the agency did not satisfy its obligation to engage in reasonable advance planning and to promote competition. DECISION eFedBudget Corporation protests the proposed award of a contract on a sole-source basis to RGII Technologies, Inc. pursuant to presolicitation notice No. B-P-06, issued by the Department of State (DOS) for continued implementation, maintenance, enhancement, and support for DOS's worldwide budget and planning software systems. The protester asserts that the agency's decision to procure the software services on a sole-source basis was improper. Specifically, the protester argues that the required justification and approval (J&A) was deficient; that the agency unreasonably refused to consider the protester's approach of developing a non-proprietary software system; and that, in any event, the need for the sole-source procurement arose from the agency's lack of advance planning. We sustain the protest.

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