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B-421566 Jul 05, 2023 1 (2023-07-05)

handle is hein.gao/gaoowo0001 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:  CC  Software, Inc.

File:       B-421566

Date:       July 5, 2023

Justin D. Heideman, Esq., Heideman & Associates, for the protester.
Jonathan A. Hardage, Esq., Department of the Army, for the agency.
Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging the agency's award of a sole-source contract is dismissed as
premature where the agency has not rejected the protester's response nor determined
to proceed with the sole-source procurement.
DECISION

CC  Software (CCS), of West Jordan, Utah, protests the intended sole-source award of a
contract to Dematic Corporation, of Atlanta, Georgia, under solicitation
No. W912NW23R0007, issued   by the Department of the Army, Army Materiel
Command,  for hardware and software upgrades to the automated storage and retrieval
system (ASRS) at the Corpus Christi Army Depot (CCAD) in Corpus Christi, Texas.
The protester challenges the agency's justification for a sole-source award.

We  dismiss the protest.

BACKGROUND

On March  16, 2023, the Army issued a notice of intent to make a sole-source award to
Dematic Corporation,1 using the simplified acquisition procedures of subpart 13.5 of the
Federal Acquisition Regulation (FAR), for ASRS infrastructure, communications, and


1 In its agency report, the Army notes that Dematic is now part of the KION group of
companies. Contracting Officer's Statement/Memorandum of Law (COS/MOL)
at 4 n.1. For clarity, this decision continues to refer to the intended sole-source
awardee as Dematic.

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