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B-421525 May 26, 2023 1 (2023-05-26)

handle is hein.gao/gaoosp0001 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 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to D e s / ' +'a GAO Protective Order. This redacted version has been approved for public release. Matter of: General Dynamics Information Technology, Inc. File: B-421525 Date: May 26, 2023 Noah B. Bleicher, Esq., David B. Robbins, Esq., Moshe B. Broder, Esq., and Aime J. Joo, Esq., Jenner & Block LLP, for the protester. Major Nhu T. Tran, Department of the Army, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation terms is sustained where the solicitation, as currently structured, is ambiguous and does not comport with applicable procurement regulations for use of a firm-fixed-price, level-of-effort contract type. DECISION General Dynamics Information Technology, Inc., (GDIT) of Falls Church, Virginia, protests the terms of request for task order proposals (RTOP) No. W50NH9-22-R-0005, issued by the Department of the Army for information technology (IT) support services. The protester contends that the solicitation contemplates issuance of task order that is outside the scope of the underlying indefinite-delivery, indefinite-quantity (IDIQ) contract and is ambiguous. We sustain the protest. BACKGROUND On December 7, 2022, using the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, the agency issued the solicitation to holders of the Army's Information Technology Enterprise Solutions-3 Services (ITES-3S) IDIQ contracts. Contracting Officer's Statement (COS) at 1; Agency Report (AR), Tab 7, RTOP at 1, 33.1 The solicitation seeks proposals for IT support services to operate and maintain the 1 Our citations to the record use those documents' Adobe PDF pagination.

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