B-310803.2, Domain Name Alliance Registry, August 18, 2008

B-310803.2 Aug 18, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Domain Name Alliance Registry (DNAR) protests the award of a contract to NeuStar, Inc. by the Department of Commerce (DOC), National Telecommunications and Information Administration (NTIA), under request for quotations (RFQ) No. NTIA9110-7-12841, for internet domain name services. The protester contends that DOC's award determination was flawed because the agency never held discussions with DNAR, despite holding discussions with the awardee prior to an earlier selection decision for these services, and because the agency's evaluation of the offerors' quotes was unreasonable. We dismiss in part and deny in part the protest. View Decision B-310803.2, Domain Name Alliance Registry, August 18, 2008 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: Domain Name Alliance Registry File: B-310803.2 Date: August 18, 2008 Roger D. Waldron, Esq., Marcia G. Madsen, Esq., Mary Streett, Esq., and Melissa Baker, Esq., Mayer Brown LLP, for the protester. Richard J. Vacura, Esq., and Keric B. Chin, Esq., Morrison & Foerster LLP, for NeuStar, Inc., an intervenor. Mark Langstein, Esq., and Richard Brown, Esq., Department of Commerce, for the agency. Jonathan L. Kang, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest arguing that the agency could not properly complete a reevaluation, pursuant to an earlier corrective action, without holding discussions with the protester, and allowing it to submit a revised proposal, is dismissed as untimely where the protester waited until the second award decision to challenge the lack of opportunity for discussions, despite the fact that the agency's actions--from the time it initiated the corrective action until the second award decision--clearly indicated that the agency did not contemplate holding discussions. 2. Protester challenging agency's evaluation of offerors' quotes is denied where the record supports the reasonableness of the evaluations. DECISION Domain Name Alliance Registry (DNAR) protests the award of a contract to NeuStar, Inc. by the Department of Commerce (DOC), National Telecommunications and Information Administration (NTIA), under request for quotations (RFQ) No. NTIA9110-7-12841, for internet domain name services. The protester contends that DOC's award determination was flawed because the agency never held discussions with DNAR, despite holding discussions with the awardee prior to an earlier selection decision for these services, and because the agency's evaluation of the offerors' quotes was unreasonable. We dismiss in part and deny in part the protest. BACKGROUND The RFQ was issued on July 10, 2007, and sought quotes to provide centralized management and coordination services for registry, registrar, database, and information services for the .us top-level internet domain (usTLD).[1] NTIA is responsible for administration of the usTLD, which is a component of approximately 17,000 domain names for state and local government entities. RFQ at 35. NeuStar was awarded a contract on October 26, 2001 to manage the usTLD, and is currently the incumbent contractor providing these services. The RFP anticipated award of a contract with a 3-year base period, and two 1-year option periods. The contract will be on a no-cost basis whereby the contractor will not receive payment from the government, but is instead permitted to collect revenue from registration fees charged to entities to register and maintain domain names. The contractor here will be responsible for all services required to register new domains using the usTLD, and maintaining and managing existing usTLD domains. The RFQ was issued under the streamlined procedures for acquisition of commercial items under Federal Acquisition Regulation (FAR) part 12.[2] The RFQ stated that offerors would be evaluated on the basis of the following four evaluation factors: (1) technical excellence and comprehensiveness of the offered service, (2) past performance, (3) financial fitness, and (4) reasonableness of prices or fees to be charged to .us registrants and registrars. RFQ at 33. The solicitation stated that, for purposes of the selection decision, –[t]echnical excellence and comprehensiveness of the overall service for usTLD operation, [p]ast performance, and [f]inancial [f]itness together are significantly more important than proposed price(s) to .us registrants.—[3] Id. at 32. As relevant here, the technical excellence evaluation factor instructed offerors to describe in their quotes how they would satisfy the requirements of the statement of work (SOW).