Decision released in protest denial of Navy requirement for classified IT services, a classified data center, and office space

DIGEST

  1. Protest challenging agency’s intent to award on a sole-source basis is denied where the agency reasonably concluded, based on its market research, that only one potential offeror was capable of meeting the agency’s stated requirements, and similarly reasonably determined that the protester failed to demonstrate such capability.
  2. Protester is not an interested party to protest the agency’s notice of intent to award a sole-source contract where the agency reasonably concluded that protester failed to demonstrate its ability to meet the agency’s needs.

DISCUSSION

HGS asserts that it was unreasonable for the agency to conclude that HGS did not adequately demonstrate its ability to meet the stated requirements and, therefore, unreasonably concluded that only one respondent, Epsilon, was capable of meeting the agency’s needs.15  More specifically, HGS characterizes its final submission as a “comprehensive capability statement” that “confirm[ed]” its ability to meet the agency’s stated requirements and “provide[d] information” regarding those requirements.  Protest at 7.  In support of this assertion, HGS refers to the portion of its submission that restates, verbatim, the requirements listed in the NOI along with HGS’s statement:  “We confirm our capability to meet and/or exceed all the requirements,” followed by statements about its corporate experience.  Id. at 7-10; Protest attach. 3, HGS Capability Statement at 4.  On this record, HGS asserts that its submission provided “sufficient” information to demonstrate its capability to comply with the agency’s requirements and that the agency’s conclusion to the contrary was unreasonable.  Id.   The agency responds by noting that the NOI clearly advised potential offerors that the agency had an “immediate” need for a data center that was TIA-942 and ICD compliant; nonetheless, “after three opportunities,” HDS still failed to demonstrate that it had a move-in ready facility that met the stated need.  COS/MOL at 19-20.  For example, the agency notes that both TIA-942 and ICD 705 incorporate requirements for uninterruptible backup power and redundant power sources.16  COS/MOL at 22; see Agency Motion to Dismiss, attach. 1, Excerpts from ICD 705 at 6-7.  Yet, nothing in…

DECISION

Ho’olaulima Government Solutions, LLC (HGS), of San Antonio, Texas, protests the Department of the Navy’s notice of intent to award a sole-source contract to Epsilon, Inc. to provide classified information technology (IT) services, a classified data center, and office space to support the F-35 Lightning II Joint Program Office (JPO).1  HGS asserts that the agency unreasonably concluded that only Epsilon is able to meet the agency’s requirements.  Protest at 12-22.2    We deny the protest.

See the decision here.

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