Bahrain Telecommunications Company, BSC

B-410614.2 Aug 10, 2015 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Bahrain Telecommunications Company, B.S.C., doing business as "Batelco," of Manama, Kingdom of Bahrain, protests the issuance of a delivery order to 2Connect W.L.L., also of Manama, Kingdom of Bahrain, under solicitation No. TSR RE20FEB145280 (RFQ), which was issued by the Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization (DITCO), for installation and maintenance of a communications circuit between U.S. military bases in Quatar and Bahrain. The protester contends that the agency erred first in determining that 2Connect's quotation satisfied the terms of the solicitation and, second, in determining that Batelco's quotation was technically unacceptable. The protester also alleges that the agency failed to provide it with meaningful discussions. The protest is denied in part and dismissed in part. The protest is denied in part and dismissed in part. View Decision 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:  Bahrain Telecommunications Company, B.S.C. File:  B-410614.2 Date:  August 10, 2015 Daniel J. Kelly, Esq., McCarter & English, LLP, for the protester. Shelly L. Ewald, Esq., Watt, Tieder, Hoffar & Fitzgerald, L.L.P., for 2Connect W.L.L., the intervenor. James E. Durkee, Esq., and James W. DeBose, Esq., Defense Information Systems Agency, for the agency. Stephanie B. Magnell, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is denied where the agency reasonably evaluated the awardee’s quotation as technically acceptable, and protester’s remaining arguments are dismissed where protester lacks direct economic interest to be an interested party. DECISION Bahrain Telecommunications Company, B.S.C., doing business as “Batelco,” of Manama, Kingdom of Bahrain, protests the issuance of a delivery order to 2Connect W.L.L., also of Manama, Kingdom of Bahrain, under solicitation No. TSR RE20FEB145280 (RFQ), which was issued by the Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization (DITCO), for installation and maintenance of a communications circuit between U.S. military bases in Quatar and Bahrain.  The protester contends that the agency erred first in determining that 2Connect’s quotation satisfied the terms of the solicitation and, second, in determining that Batelco’s quotation was technically unacceptable.  The protester also alleges that the agency failed to provide it with meaningful discussions.  The protest is denied in part and dismissed in part. BACKGROUND On March 27, 2014, DISA issued the RFQ, requesting quotations from vendors holding existing ordering agreements with DITCO for telecommunications services.  RFQ at 1.  The procurement was conducted under Federal Acquisition Regulation (FAR) part 12, commercial items, using an inquiry/quote/order process.  Agency Report (AR), Tab 31, Basic Agreement, at 1.  Award was to be made to the vendor whose quotation proposed the lowest-priced, technically acceptable solution.  RFQ at 9.  The agency reserved the right to conduct discussions.  Id. The solicitation required vendors to propose solutions for installation and maintenance of a communications circuit between Al Udeid Air Base, Quatar, and Naval Support Agency Bahrain, Bahrain.  RFQ at 1.  Vendors were obliged to affirmatively commit to satisfying all technical aspects of the solicitation and address any aspects that the vendor was unable or unwilling to satisfy.  Id. at 6.  As relevant here, vendors were required to propose a route for the communications circuit that was diverse from existing communications circuits, that is, geographically separated by no less than the minimum distances prescribed in the RFQ.  RFQ at 18; RFQ amend. 0005, at 1.  Proposed routes were also required to avoid specific countries, transmission media, and networks.  RFQ at 18.  Specifically, the solicitation mandated that:   The diversity and avoidance requirements set forth in this document shall be adheared [sic] to and maintained throughout the term of the service. Detailed diagram(s) shall be provided to substaintiate [sic] compliance with the specified diversity and avoidance requirements set forth are met for the end-to-end service.  The telecommunication provider shall provide a plan of how and when the physical route and diversity/avoidance will be provided if not currently available. RFQ at 20 (capitalization removed).  Among the specific requirements, the solicitation stated that proposed cabling route must demonstrate physical “[d]iversity from the other high bandwidth trunk from Bahrain to Capodichino and must be 50 meters diverse from [communications route] GCCIX-1.”  RFQ amend.