B-296915; B-296915.2; B-296915.3; B-296915.4; B-296915.5, Cherry Road Technologies; Electronic Data Systems Corporation, October 24, 2005

B-296915; B-296915.2; B-296915.3; B-296915.4; B-296915.5, Cherry Road Technologies; Electronic Data Systems Corporation, October 24, 2005 TITLE: B-296915; B-296915.2; B-296915.3; B-296915.4; B-296915.5, Cherry Road Technologies; Electronic Data Systems Corporation, October 24, 2005 BNUMBER: B-296915; B-296915.2; B-296915.3; B-296915.4; B-296915.5 DATE: October 24, 2005 ***************************************************************************************************************************************** B-296915; B-296915.2; B-296915.3; B-296915.4; B-296915.5, Cherry Road Technologies; Electronic Data Systems Corporation, October 24, 2005 DOCUMENT FOR PUBLIC RELEASE 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: Cherry Road Technologies; Electronic Data Systems Corporation File: B-296915; B-296915.2; B-296915.3; B-296915.4; B-296915.5 Date: October 24, 2005 Devon E. Hewitt, Esq., John E. Jensen, Esq., Walter F. Zenner, Esq., Daniel S. Herzfeld, Esq., Jack Y. Chue, Esq., and Orest J. Jowyk., Esq., Pillsbury Winthrop Shaw Pittman LLP, for Cherry Road Technologies; Scott M. McCaleb, Esq., Rand L. Allen, Esq., Charles C. Lemley, Esq., and William J. Grimaldi, Esq., Wiley Rein & Fielding LLP, for Electronic Data Systems Corporation, the protesters. David A. Churchill, Esq., Kevin C. Dwyer, Esq., Kristen G. Schulz, Esq., Darren Lubetzky, Esq., and Heather M. Trew, Esq., Jenner & Block LLP, for Lockheed Martin Integrated Systems & Solutions, an intervenor. Capt. Peter G. Hartman and Raymond M. Saunders, Esq., Department of the Army, for the agency. Sharon L. Larkin, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging awardee's use of leased government facilities is denied, where solicitation did not preclude the use of leased government facilities but stated only that agency would not be providing facilities as "government furnished property" under this contract. 2. Protest contending that agency failed to eliminate the awardee's competitive advantage from using leased government facilities as assertedly required by Federal Acquisition Regulation (FAR) Part 45 is denied because FAR Part 45 does not apply to leases that are executed pursuant to statutory leasing authority, and unfair advantage does not otherwise exist because leases were executed at fair market value. 3. Protest challenging source selection decision and evaluation ratings under each evaluation factor is denied, where the record demonstrates a reasoned and rational evaluation, and protesters' arguments amount to mere disagreement with the agency's conclusions. DECISION Cherry Road Technologies (CRT) and Electronic Data Systems Corporation (EDS) protest the award of a contract to Lockheed Martin Integrated Systems and Solutions (LM) under the Department of the Army's request for proposals (RFP) No. W91QUZ-05-R-0001 for the operation and maintenance of the Army Knowledge Online (AKO) enterprise information portal. We deny the protests. BACKGROUND The AKO was started as a pilot program in 1997 as the first step in building the Army intranet to provide Army personnel with web-based access to job-related, mission-oriented knowledge in real time. The program has been so successful that the Secretary of the Army has mandated that all data, information, and systems be moved to this portal. The ultimate goal of the AKO is to become the single point of entry into a robust and scalable knowledge management system "providing global secure access to accurate, relevant, and authoritative information at anytime, from anywhere to ensure mission success." RFP, Statement of Objectives (SOO), sect. 1.0. The RFP sought a contractor to provide Information Technology (IT) solutions throughout all operating levels of the AKO. RFP sect. B.1. These services included systems operation and maintenance, network and systems engineering support, hardware and software integration, identification of future capabilities, software development and maintenance, application development and maintenance, Army-wide help desk support, and senior-level technology and program management support services. The RFP required that the services be provided on a continuous 24 hours, 7 days a week, 365 days a year basis to the Active Army, Army National Guard, and Army Reserve soldiers and their families; Army civilians; and applicable contractors. RFP, SOO, sect.