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B-411699,B-411796 1 (2015-10-02)

handle is hein.gao/gaobadrmm0001 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: Harris IT Services Corporation File: B-411699; B-411796 Date: October 2, 2015 Andrew E. Shipley, Esq., Lee P. Curtis, Esq., and Seth H. Locke, Esq., Perkins Coie LLP, for the protester. Mark D. Colley, Esq., Dominique L. Casimir, Esq., Stuart W. Turner, Esq., and Nicole B. Neuman, Esq., Arnold & Porter LLP, for Motorola Solutions, Inc., an intervenor. Jack R. Cordes Jr., Esq., and Megan E. Petersen, Esq., Department of Justice, Federal Bureau of Investigation, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests challenging the agency's issuance of two solicitations, under a multiple- award, indefinite-delivery, indefinite-quantity (IDIQ) contract program for the issuance of a single delivery order under each solicitation are sustained where the record shows that the solicitations: (1) contemplate the issuance of what amounts to a single, second-tier IDIQ instrument, under which the agency will place subsequent delivery orders, without providing the multiple-award IDIQ contract holders a subsequent, fair opportunity to compete for those delivery orders; (2) contemplate the issuance of delivery orders that potentially exceed the scope of the underlying IDIQ contracts; and (3) include restrictive specifications that have not been justified. DECISION Harris IT Services Corporation protests the terms of request for proposal Nos. DJF- 15-1200-R-0000068 (RFP 68) and DJF-15-1200-R-0000081 (RFP 81), issued by the Department of Justice, Federal Bureau of Investigation (FBI), to acquire land mobile radio (LMR) equipment through the issuance of a single delivery order under each RFP. Harris maintains that both of these RFPs improperly contemplate the issuance of a single, second-tier, indefinite-delivery, indefinite-quantity (IDIQ) instrument (labelled by the FBI as a delivery order), under which the agency will place subsequent delivery orders for this equipment without providing Harris a fair

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