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B-421346,B-421347,B-421348,B-421377,B-421378 Mar 08, 2023 1 (2023-03-08)

handle is hein.gao/gaooii0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: KeyLogic Associates, Inc.; KSD Technologies, LLC File: B-421346; B-421347; B-421348; B-421377; B-421378 Date: March 8, 2023 John J. O'Brien, Esq., and Jason W. Moy, Esq., Cordatis LLP, for the protesters. David S. Black, Esq., Gregory R. Hallmark, Esq., and Amy L. Fuentes, Esq., Holland & Knight LLP, for Blackwatch International Corporation, the intervenor. Joe D. Baker II, Esq., and Susan E. Sharp, Esq., Department of Commerce, for the agency. Nathaniel S. Canfield, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protests alleging the U.S. Patent and Trademark Office, when conducting procurements in accordance with its statutorily authorized alternative competition method pursuant to 35 U.S.C. § 2(b)(4)(A), failed to reasonably justify its use of other than competitive procedures under 41 U.S.C. § 1708(c)(5) are denied where that statutory provision does not require such a justification. 2. Protests alleging agency failed to comply with internal agency guidance are denied because alleged violations of internal agency policy or guidance, rather than statute or regulation, do not establish a valid basis for protest. 3. Protests alleging that agency failed to comply with requirements regarding time for issuing solicitations following publication of procurement notices, provision of solicitations to requesting parties, and small business set-asides are denied for lack of competitive prejudice because the agency was permitted to select a single firm to receive the challenged solicitations. DECISION KeyLogic Associates, Inc. (KeyLogic), of McLean, Virginia, and KSD Technologies, LLC (KSD), a small business of Rockville, Maryland, protest the Department of Commerce, U.S. Patent and Trademark Office's (PTO) issuance of several requests for proposals (RFP) for various information technology (IT) services on a noncompetitive basis. The protesters contend that the agency: (1) has not justified its reasons for using

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