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B-410126 1 (2014-09-25)

handle is hein.gao/gaobadqpo0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Gallup, Inc. File: B-410126 Date: September 25, 2014 William E. Kruse, Esq., and Melissa T. Stratton, Esq., for the protester. Michael K. Greene, Esq., Department of Homeland Security, for the agency. Evan D. Wesser, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that a solicitation incorporates an overly-restrictive data rights clause and should incorporate a different clause is denied where the protester's argument is based on an incorrect interpretation of the clauses. 2. Protest that a solicitation should include an alternate version of a data rights clause is denied where there is no legal requirement for inclusion of the alternate version, and the protester merely disagrees with the agency's determination of its needs. DECISION Gallup, Inc. (Gallup), of Washington, DC, protests the terms of request for quotations (RFQ) No. HSHQDC-14-Q-00257, issued by the Department of Homeland Security (DHS), to conduct an Organizational Health Assessment for the DHS, Science and Technology Directorate (S&T Directorate). The protester asserts that the solicitation is flawed because it contains an overly-restrictive data rights clause and should be replaced with either a different clause, or one of the enumerated alternate versions of the clause. We deny the protest. BACKGROUND The RFQ was issued on June 25, 2014, to interested vendors holding Federal Supply Schedule (FSS) contracts under schedule No. 874, mission oriented business integrated services (MOBIS), and anticipated the issuance of a fixed-price

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