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B-310611 1 (2008-01-02)

handle is hein.gao/gaocrptavxi0001 and id is 1 raw text is: 




A         G    A    O                                                  Comptroller General
.       Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office      DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter of: Merlin International, Inc.

          File:        B-310611

          Date:        January 2, 2008

          Richard B. Oliver, Esq., McKenna Long & Aldridge, for the protester.
          Allison V. Feierabend, Esq., and Joseph P. Hornyak, Esq. Holland & Knight, for MTM
          Technologies, Inc., an intervenor.
          Capt. Joshua Drewitz, Department of the Army, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that successful vendor's encryption software does not meet agency's
          requirement for compatibility with specified operating systems is denied where
          vendor's blanket purchase agreement included required vendor certification of
          compatibility, which satisfied requirement.
          DECISION

          Merlin International, Inc. protests the Department of the Army's issuance of a
          purchase order to MTM Technologies, Inc. under Federal Supply Schedule (FSS)
          blanket purchase agreement (BPA) No. FA8771-07-A-0301, for encryption software.
          Merlin alleges that MTM's software does not meet the agency's requirements, and
          that the agency improperly failed to permit Merlin to compete for the requirement,
          instead issuing the purchase order to MTM on a sole-source basis.

          We deny the protest.

          The Army reports that the Office of Management and the Budget has directed all
          federal agencies to encrypt personal identifiable information and agency sensitive
          but unclassified information on all mobile devices. Agency Report (AR) at 2. Here,
          pursuant to this directive, the Army sought to procure commercial-off-the-shelf data
          at rest encryption (DAR) software through the issuance of multiple purchase orders
          against the Department of Defense (DOD) Enterprise Software Initiative/General
          Services Administration (GSA) Smart Buy DAR FSS BPA. The Army determined
          that, in addition to being listed on the Smart Buy BPA, the software must meet six
          requirements. Justification and Approval, Sept. 28, 2007, at 4-5. As relevant here, the

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