Sallyport Global Holdings

B-417223.2,B-417223.4 Apr 03, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Sallyport Global Holdings, of Reston, Virginia, protests the award of a sole-source contract to SOS International, LLC, of Reston, Virginia, under request for proposals (RFP) No. W52P1J-18-R-TajiBLS, issued by the Department of the Army for base life support (BLS) services at Camp Taji, Iraq. Sallyport maintains that the agency's sole-source acquisition strategy is unreasonable, and that the requirement should be subject to 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:  Sallyport Global Holdings File:  B-417223.2; B-417223.4 Date:  April 3, 2019 Kara L. Daniels, Esq., and Sonia Tabriz, Esq., Arnold & Porter Kaye Scholer, LLP, for the protester. Bradley D. Wine, Esq., Sandeep N. Nandivada, Esq., and Caitlin A. Crujido, Esq., Morrison & Foerster LLP, for SOS International, LLC, an intervenor. Wade L. Brown, Esq., Department of the Army, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision to meet its requirements through the award of a sole-source contract is denied where record shows that the requirement at issue is to be performed by a firm that has an exclusive land use agreement with the government of Iraq to occupy the premises where contract performance is to take place, such that it is the only firm capable of meeting the agency’s requirements. DECISION Sallyport Global Holdings, of Reston, Virginia, protests the award of a sole-source contract to SOS International, LLC, of Reston, Virginia, under request for proposals (RFP) No. W52P1J-18-R-TajiBLS, issued by the Department of the Army for base life support (BLS) services at Camp Taji, Iraq.  Sallyport maintains that the agency’s sole-source acquisition strategy is unreasonable, and that the requirement should be subject to full and open competition. We deny the protest. The facts in this case largely are undisputed.  On July 12, 2018, the agency published a sources-sought notice on the Federal Business Opportunities website soliciting expressions of interest in connection with the acquisition.  That notice advised interested parties that the agency intended to issue a sole-source contract to SOS based on the agency’s understanding that SOS has an exclusive land use agreement (LUA) with the government of Iraq (GOI).  Agency Report (AR) exh. 4, Sources-Sought Notice.  The agency’s announcement specified that the agency intended to make award to SOS under the authority of 10 U.S.C. § 2304(c)(1), which contemplates the award of a sole-source contract where only one responsible source is available to provide the solicited goods or services.  In response to that sources-sought notice, the agency received a number of expressions of interest and capability statements, including a submission from the protester.  Notwithstanding those expressions of interest, the agency executed a sole-source justification and approval (J&A) to award a contract to SOS on November 27, 2018, and published a pre-solicitation notice, along with a redacted copy of the J&A, on December 20.  Shortly thereafter, the agency executed a sole-source contract for an estimated value of approximately $1 billion with SOS for a base year and four 1-year options on December 26, and published notice of its award decision the next day.[1]  After learning of the award, Sallyport filed the instant protest.  PROTEST Sallyport argues that the agency unreasonably awarded SOS a sole-source contract because, according to the protester, it also can obtain a LUA with the Iraqi government that will enable it to perform the requirement.  Sallyport therefore maintains that the agency erred in executing a sole-source contract with SOS under the “only one responsible source” exception to the overarching competition requirements of the Competition in Contracting Act.  Our review of an agency’s decision to conduct a sole-source acquisition focuses on the adequacy of the rationale and conclusions set forth in the agency’s J&A; when the J&A sets forth a reasonable justification for the agency’s actions our Office will not object to the award.  MFVega & Associates, LLC, B-291605.3, Mar, 25, 2003, 2003 CPD ¶ 65  at 4.  On this record, we have no basis to object to the agency’s actions.  The agency’s J&A here explains that, prior to the invasion of Iraq, Camp Taji, Iraq, was a military installation built and operated by the Iraqi government.  AR, exh.