Oracle America, Inc.

Case: B-417046 Agency: Department of Defense : Defense Information Systems Agency Protester: Oracle America, Inc. Date: 2019-01-31 Denied
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B-417046 Jan 31, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Oracle America, Inc. (Oracle), of Redwood Shores, California, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to ViON Corporation (ViON), of Herndon, Virginia, under request for proposals (RFP) No. HC1028-17-R-0015 issued by the Department of Defense, Defense Information Systems Agency (DISA), for on-demand processing capabilities for the agency's scalable processor architecture (SPARC). The protester challenges the agency's technical evaluation and its best-value tradeoff decision. 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: Oracle America, Inc. File: B-417046 Date: January 31, 2019 Paul F. Khoury, Esq., Colin J. Cloherty, Esq., and Kendra P. Norwood, Esq., Wiley Rein LLP, for the protester. David Cohen, Esq., John J. O'Brien, Esq., Daniel Strouse, Esq., and Laurel A. Hockey, Esq., Cordatis LLP, for ViON Corporation, the intervenor. Daniel C. McIntosh, Esq., James W. DeBose, Esq., and Laura J. Barke, Esq., Defense Information Systems Agency, for the agency. Elizabeth Witwer, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that the agency failed to recognize several aspects of protester's proposal as strengths is denied where the record demonstrates that the agency's evaluation was reasonable and consistent with the terms of the solicitation. 2. Protest that the source selection official improperly made award on a lowest-priced, technically acceptable basis instead of a best-value tradeoff basis is denied where the record reflects that the source selection official reasonably found the proposals of the awardee and the protester to be essentially equal and selected the lower-priced proposal for award. DECISION Oracle America, Inc. (Oracle), of Redwood Shores, California, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to ViON Corporation (ViON), of Herndon, Virginia, under request for proposals (RFP) No. HC1028-17-R-0015 issued by the Department of Defense, Defense Information Systems Agency (DISA), for on-demand processing capabilities for the agency's scalable processor architecture (SPARC). The protester challenges the agency's technical evaluation and its best-value tradeoff decision. 1 We deny the protest. BACKGROUND DISA issued the RFP on May 8, 2017, seeking on-demand SPARC processor capacity services within DISA and at DISA-approved locations in the United States and worldwide. RFP at 1;2 Agency Report (AR), Tab 2A, Performance Work Statement (PWS) § 4.0, at 1-2. The stated objective of the procurement is "to obtain reliable, responsive, and cost effective processor infrastructure services of 'on-demand' SPARC Compatible chipset processing capabilities[.]"3 AR, Tab 2A, PWS § 4.0, at 1-2. The PWS required the contractor to "acquire, deliver, install, configure, deinstall, and provide the necessary hardware (which may include but is not limited to cabinets/racks/ cabling/cable management/power distribution units (PDUs)), hardware maintenance, operating system software, hypervisor solution, as well as, any other software required for the Contractor's solution to operate, and services to support the processor infrastructure associated with this contract." Id. at 3. The PWS provided that the government would maintain daily operational control and oversight responsibility for the processing environment, while the contractor would provide all software required for the solution to operate, as well as software maintenance and licenses. Id. The RFP contemplated the award of a single IDIQ contract with a base ordering period of 5 years followed by five 1-year option periods. RFP at 3-5, 30. Orders issued under the contract would be performed on a fixed-price basis. Id. at 86. The minimum value for all orders was $630,000 and the maximum value was $329,586,627. Id. at 3. The RFP notified offerors that the agency would make an award to "the offeror whose proposal is the most advantageous to the Government, based upon an integrated assessment of" proposals under the following five evaluation factors: (1) technical/ management, (2) past performance, (3) cost/price, (4) supply chain risk management plan, and (5) small business participation plan. AR, Tab 2J, RFP § M.2.0, at 2-3. There were seven subfactors evaluated under the technical/management factor (factor 1).4 Id. at 3. With regard to the relative importance of the factors, the RFP provided that all non-cost factors were equal in importance and, when combined, were approximately equal to the cost/price factor. Id.

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