NTELX, Inc.

B-413837 Dec 28, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights NTELX, Inc., a small business of Vienna, Virginia, protests the award of a sole-source contract to TTW Solutions Inc., an 8(a) small business of Potomac, Maryland, under request for quotations (RFQ) No. CPSC-Q-15-0060, which was issued by the Consumer Product Safety Commission (CPSC) for operation and maintenance of CPSC's international trade data system risk assessment methodology (RAM) software system. The protester contends that CPSC acted in bad faith when it improperly awarded the sole-source contract to TTW under the Small Business Administration's (SBA's) 8(a) program in violation of Federal Acquisition Regulation (FAR) part 6 requirements for full and open competition. We deny the protest. We deny the protest. 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:  NTELX, Inc. File:  B-413837 Date:  December 28, 2016 William M. Weisberg, Esq., Law Offices of William Weisberg, for the protester. Pamela J. Mazza, Esq., Megan C. Connor, Esq., Patrick T. Rothwell, Esq., Piliero Mazza PLLC, for TTW Solutions, Inc., the intervenor. Melissa Buford, Esq., Consumer Product Safety Commission, for the agency. Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly awarded a sole-source contract through the Small Business Administration’s 8(a) program is denied where the record does not show bad faith on the part of government officials. DECISION NTELX, Inc., a small business of Vienna, Virginia, protests the award of a sole-source contract to TTW Solutions Inc., an 8(a) small business of Potomac, Maryland, under request for quotations (RFQ) No. CPSC-Q-15-0060, which was issued by the Consumer Product Safety Commission (CPSC) for operation and maintenance of CPSC’s international trade data system risk assessment methodology (RAM) software system.  The protester contends that CPSC acted in bad faith when it improperly awarded the sole-source contract to TTW under the Small Business Administration’s (SBA’s) 8(a) program in violation of Federal Acquisition Regulation (FAR) part 6 requirements for full and open competition. We deny the protest. BACKGROUND On August 19, 2010, CPSC issued an 8(a) sole-source award for development of a RAM 1.0 system.  Memorandum of Law (MOL) at 1-2; Agency Request for Dismissal at 3.  The purpose of the RAM system is to identify the potential risk of shipments of consumer products at U.S. ports of entry.  Id.  NTELX was a subcontractor on the RAM 1.0 contract, and developed the system using NTELX’s proprietary software for which CPSC was granted a license under the terms of the contract.  Id. at 2. CPSC subsequently determined that it would procure a system with the same functionality of RAM 1.0, but that used open source software instead, and with the capacity to add enhancements and upgrades.  Agency Report (AR), Exh. 16, RAM 2.0 Development Contract Award, at 3 (“It is CPSC’s plan to replace the proprietary components and upgrade the current system where CPSC can maximize insight of current functionality and future potential.”).  CPSC again utilized the 8(a) program, and awarded a sole-source contract for the development of the new system (RAM 2.0) to TTW.  Id.; Contracting Officer Statement of Fact (COSF) at 2.  NTELX performed as a subcontractor to TTW on the RAM 2.0 development contract, and did not provide a license for its proprietary software as it had for RAM 1.0.  Protest at 3; MOL at 12.  Upon completion of the RAM 2.0 development contract, CPSC then awarded TTW another contract, on September 26, for the continued operation and maintenance of the RAM 2.0 system.[1]  AR, Exh.