B-299744; B-299744.4, Computer Literacy World, Inc., August 6, 2007
Case: B-299744
Agency:
Protester: B
Date: 2007-08-06
Denied
B-299744; B-299744.4, Computer Literacy World, Inc., August 6, 2007
TITLE: B-299744; B-299744.4, Computer Literacy World, Inc., August 6, 2007
BNUMBER: B-299744; B-299744.4
DATE: August 6, 2007
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B-299744; B-299744.4, Computer Literacy World, Inc., August 6, 2007
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: Computer Literacy World, Inc.
File: B-299744; B-299744.4
Date: August 6, 2007
Michael A. Gordon, Esq., and Fran Baskin, Esq., Holmes & Gordon, for the
protester.
Daniel R. Forman, Esq., Christopher Gagne, Esq., and John E. McCarthy,
Jr., Esq., Crowell & Moring LLP, for Electronic Data Systems, Inc., and
John S. Pachter, Esq., Jonathan D. Shaffer, Esq., and Mary Pat Gregory,
Esq., Smith Pachter McWhorter PLC, for XTec, Inc., intervenors.
Carmody A. Gaba, Esq., Micul E. Thompson, Esq., and Kevin J. Rice, Esq.,
for the agency.
Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protester's interpretation of solicitation issued under the Federal Supply
Schedule program for a contractor managed "end-to-end" solution meeting
government-wide federal identification card requirements as requiring all
products and services within a vendor's "end-to-end" solution to be listed
on the agency's Approved Products List (APL) at the time technical
submissions were due is unreasonable where the agency, in answer to a
question regarding when items within a vendor's "end-to-end" solution had
to be on the APL, indicated that they had to be on the APL by Milestone 1
during contract performance.
DECISION
Computer Literacy World, Inc. (CLW) protests the issuance of a task order
to Electronic Data Systems, Inc. (EDS) under request for quotations (RFQ)
No. TQ-PLB07-0002, issued by the General Services Administration (GSA) to
vendors under its Federal Supply Schedule (FSS) program, to provide
contractor-managed services for an "end-to-end" solution meeting
government-wide federal identification card requirements. CLW argues that
EDS was not eligible for an order because its solution did not meet
mandatory solicitation requirements and that GSA improperly evaluated its
own solution under the RFQ's technical criteria.
We deny the protest.
BACKGROUND
Homeland Security Presidential Directive-12
In an effort to enhance security, increase efficiency, reduce identity
fraud, protect personal privacy, and deter terrorist threats, the
President, on August 27, 2004, issued Homeland Security Presidential
Directive-12 (HSPD-12), mandating the establishment of a standard for
identification of federal employees and contractors. HSPD-12 requires the
use of a common identification card for access to federally-controlled
facilities and information systems.[1] RFQ amend. 4, at 6-7.
Under HSPD-12, the National Institute of Standards and Technology (NIST)
was tasked with producing a standard for a secure and reliable form of
identification. In response, on February 25, 2005, NIST issued Federal
Information Processing Standard Publication 201 (FIPS 201), Personal
Identity Verification (PIV) of Federal Employees and Contractors. In order
to assist agencies with implementing the FIPS 201 requirements, the Office
of Management and Budget (OMB) established GSA as the "executive agency"
for government-wide acquisition of the products and services necessary to
implement the HSPD-12 mandate. As the executive agency, GSA is responsible
for making available products and services that meet all applicable
federal standards and requirements, to include FIPS 201, for acquisition
by federal agencies.
In order to achieve this end, and as directed by OMB, GSA has assumed
various roles. Specifically, in conjunction with NIST, GSA identified 22
categories of products/services which must comply with specific normative
requirements contained in FIPS 201. In May 2006, GSA established a FIPS
201 evaluation program to ensure that commercial products in the 22
identified categories are FIPS 201 compliant. Under this program,
laboratories test products and services under the 22 categories to ensure
conformance with FIPS 201 standards. When a product/service is determined
to be FIPS 201 compliant, GSA issues an approval letter, specifying the
supplier, the Approved Products List (APL) category (e.g., PIV smart
card), approved product name, and version/part number. Products/services
receiving an approval letter under one of the 22 categories are publicly
listed on what is known as the FIPS 201 APL.
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