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B-419583,B-419583.2 May 21, 2021 1 (2021-05-21)

handle is hein.gao/gaoluy0001 and id is 1 raw text is: 1 'D      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
G A  O(                 A Century of Non-Partisan Fact-Based Work
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: Inmarsat Government, Inc.
File:     B-419583; B-419583.2
Date:     May 21, 2021
Paul R. Hurst, Esq, Caitlin Conroy, Esq., Fred Geldon, Esq., and John William Toth,
Esq., Steptoe & Johnson LLP, for the protester.
Anthony J. Balestreri, Esq., Defense Information Systems Agency, for the agency.
Stephanie B. Magnell, Esq., and Evan C. Williams, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the agency failed to sufficiently mitigate the competitive harm from the
inadvertent release of the protester's incumbent pricing for its non-commercial solution
is sustained, where the released pricing was detailed and recent, and the agency's
remedial efforts were minimal.
2. Protest that the agency failed to sufficiently mitigate the harm caused by the release
of pricing for commercial satellite bandwidth transmission services is denied, as the
inadvertently released pricing was limited in scope and not recent.
3. Protest that the agency unreasonably decided not to include past performance as an
evaluation factor in the solicitation is denied, where the protester has not shown that the
agency's decision was unreasonable.
DECISION
Inmarsat Government, Inc., of Reston, Virginia, protests the terms of request for
proposals (RFP) No. HC1 01 3-20-R-0001, which was issued by the Defense Information
Systems Agency (DISA) to procure worldwide commercial broadband satellite services
for the Department of the Navy, Military Sealift Command. This procurement is known
as the Commercial Satellite Services Contract, or CSSC II, and is a follow-on contract to
a similar contract, CSSC I, on which Inmarsat is the incumbent contractor. Inmarsat
contends that the agency has failed to remediate the harm resulting from DISA's
inadvertent release of Inmarsat's CSSC I pricing in the draft RFP for CSSC II. Inmarsat
also asserts that the agency's decision to exclude past performance from the evaluation
factors for this solicitation was unreasonable.

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