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B-419956.8 Oct 01, 2021 1 (2021-10-01)

handle is hein.gao/gaomgk0001 and id is 1 raw text is: 1O   o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
Decision
Matter of: Tata America International Corporation
File:     B-419956.8
Date:     October 1, 2021
David T. Hickey, Esq., Amba M. Datta, Esq., and Ken M. Kanzawa, Esq., Kelley Drye
& Warren LLP, for the protester.
Krystal A. Jordan, Esq., Department of Health and Human Services, for the agency.
Jonathan L. Kang, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest alleging that a solicitation requirement that offerors disclose the identity of
contracts and customers to demonstrate corporate experience is unduly restrictive of
competition, because the protester contends it cannot disclose those details due to
confidentiality agreements with its commercial customers, is denied where the
requirement is reasonably related to the agency's need to validate the claimed
experience.
DECISION
Tata America International Corporation (TAIC), of New York, New York, protests the
terms of solicitation No. 75N98121 R00001, which was issued by the Department of
Health and Human Services, National Institutes of Health (NIH), for the award of
multiple indefinite-delivery, indefinite-quantity (IDIQ) governmentwide acquisition
contracts (GWACs) for information technology services, known as Chief Information
Officer-Solutions and Partners (CIO-SP4). The protester argues that the solicitation's
corporate experience requirements, which require offerors to identify their customers,
are unduly restrictive of competition because certain of the commercial contracts the
protester wishes to cite in its proposal contain confidentiality provisions that prohibit
disclosure of the information required by the request for proposals (RFP).
We deny the protest.
BACKGROUND
NIH issued the solicitation on May 25, 2021, seeking proposals to provide information
technology (IT) solutions and services in the areas of health, biomedical, scientific,

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