MCI WorldCom Deutschland GmbH, B-291418; B-291418.2; B-291418.4; B-291418.5; B-291418.6, January 2, 2003

MCI WorldCom Deutschland GmbH, B-291418; B-291418.2; B-291418.4; B-291418.5; B-291418.6, January 2, 2003 TITLE: MCI WorldCom Deutschland GmbH, B-291418; B-291418.2; B-291418.4; B-291418.5; B-291418.6, January 2, 2003 BNUMBER: B-291418; B-291418.2; B-291418.4; B-291418.5; B-291418.6 DATE: January 2, 2003 ********************************************************************** MCI WorldCom Deutschland GmbH, B-291418; B-291418.2; B-291418.4; B-291418.5; B-291418.6, January 2, 2003 Decision Matter of: MCI WorldCom Deutschland GmbH File: B-291418; B-291418.2; B-291418.4; B-291418.5; B-291418.6 Date: January 2, 2003 Thomas C. Wheeler, Esq., and David E. Fletcher, Esq., Piper Rudnick, and Robert Rodrigues, Esq., WorldCom, Inc., for the protester. Stephanie A. Kreis, Esq., and JoAnn W. Melesky, Esq., Defense Information Systems Agency, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's inclusion of a clause in solicitations for telecommunication circuits between various United States military installations located in European nations that are members of the North Atlantic Treaty Organization (NATO), requiring that telecommunication providers (TP) be accredited by the National Long Lines Agency (NALLA) of the NATO nation or nations where the military installations are located, is unobjectionable, where the record establishes that the provision of the services by NALLA-accredited TPs is reasonably related to the agency's needs. DECISION MCI WorldCom Deutschland GmbH protests the terms of numerous solicitations issued by the Defense Information Technology Contracting Organization (DITCO)--Europe, Defense Information Systems Agency, for telecommunication circuits between various United States military installations located in European nations that are members of the North Atlantic Treaty Organization (NATO).[1] The protester argues that a standard provision included in the solicitations, requiring that contractors be accredited by the National Long Lines Agency (NALLA) of the NATO nation or nations where the military installations are located, is unduly restrictive of competition. We deny the protest. DITCO-Europe is tasked with providing certain communication circuits for the United States military. To meet its responsibilities, DITCO-Europe leases telecommunication circuits within, to, and from NATO nations using an acquisition process established by ALLA, a NATO agency. The ALLA process was developed by NATO to, among other things, standardize the acquisition of telecommunication circuits by NATO members in NATO nations. Contracting Officer's Statement (Nov. 4, 2002) at 2. The ALLA process provides for the establishment of NALLAs in each NATO nation. Agency Report (AR), Tab 3, ALLA Handbook, at I-3. NALLAs, among other things, maintain a list of the telecommunication providers (TPs) in their respective countries that have become NALLA accredited, that is, through application to the NALLA they have *accepted the ALLA circuit ordering procedures and corresponding obligations.* Id. at I-3, II-3. These obligations include the TPs' employment of *personnel with the necessary clearance to access defence facilities.* Id. at II-3. The NALLAs also provide *an interface* between customers, such as DITCO-Europe, and the TPs. Id. at I-3, II-3. In this regard, the NALLAs can obtain information for customers regarding the services available and pricing from the NALLA-accredited TPs, coordinate the acquisition of the telecommunication services for the customers and TPs, and assist customers in the resolution of problems *regarding the provision or operation of ALLA registered circuits.* Id. at I‑3. As indicated, each telecommunication circuit obtained through the ALLA process is registered with ALLA and receives an ALLA number. The circuit's ALLA number is known to the customer, TP, NALLA or NALLAs involved, and according to the ALLA Handbook, *recogniz[es] the importance of the circuit for NATO or national defence purposes.* Id. at I-5. The NALLAs also *maintain up-to-date records of all internal and international ALLA registered circuits concerning their countr[ies].* Id. at I-3, II‑3. One of the primary advantages of using the ALLA ordering process to obtain telecommunications circuits is that such circuits are accorded *preferential treatment in times of peace, disasters, crisis or war, within the limits of the relevant national regulations or legislation.* Id. at I-5. In this regard, each ALLA registered circuit carries a designation as to its *restoration priority* should the circuit be interrupted. Id.