Verizon Business Network Services, Inc. (821913761)

B-418331.3,B-418331.4,B-418331.5 Jul 10, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Verizon Business Network Services, Inc., of Ashburn, Virginia, protests the terms of request for task order proposals (RFTOP) No. 821913761, issued by the Defense Information Systems Agency (DISA) for telecommunications services under the Enterprise Infrastructure Solution (EIS) governmentwide acquisition contract (GWAC). The protester contends that the solicitation is defective because it impermissibly establishes a lowest-priced, technically acceptable basis of award, in violation of statute and regulation. The protester also alleges that the solicitation does not adequately describe the agency's needs. We deny the protest. View Decision Decision Matter of:  Verizon Business Network Services, Inc. File:  B-418331.3; B-418331.4; B-418331.5 Date:  July 10, 2020 Jason A. Carey, Esq., Kayleigh M. Scalzo, Esq., and Andrew R. Guy, Esq., Covington & Burling, LLP, for the protester. Anthony J. Balestreri, Esq., and Daniel C. McIntosh, Esq., Defense Information Systems Agency, for the agency. Stephanie B. Magnell, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest of the agency’s use of lowest-priced, technically acceptable source selection method is denied, where such use is not in conflict with statute or regulation. 2.  Protest that the solicitation’s terms do not permit offerors to compete intelligently and on a relatively equal basis is denied, where the protester has not demonstrated that the terms are unclear or that it was competitively prejudiced. DECISION   Verizon Business Network Services, Inc., of Ashburn, Virginia, protests the terms of request for task order proposals (RFTOP) No. 821913761, issued by the Defense Information Systems Agency (DISA) for telecommunications services under the Enterprise Infrastructure Solution (EIS) governmentwide acquisition contract (GWAC).[1]  The protester contends that the solicitation is defective because it impermissibly establishes a lowest-priced, technically acceptable basis of award, in violation of statute and regulation.  The protester also alleges that the solicitation does not adequately describe the agency’s needs. We deny the protest. BACKGROUND On December 23, 2016, Congress passed the National Defense Authorization Act for fiscal year 2017, Pub. L. No. 114-328, 130 Stat. 2000, S 2943 (2016) (codified at 10 U.S.C. § 2305 Note (a)).  In the Act, Congress announced that “[i]t shall be the policy of the Department of Defense to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Department the benefits of cost and technical tradeoffs in the source selection process.”[2]  Pub. L. No. 114-328, § 813 Note (a).  Congress also required the Secretary of Defense to revise the Defense Federal Acquisition Regulation Supplement (DFARS) to require that lowest-priced, technically acceptable (LPTA) source selection criteria are only used when the solicitation can satisfy six criteria.  Pub. L. No. 114-328, § 813 Note (b).  Finally, Congress provided that, “[t]o the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of . . . information technology services[.]”  Pub. L. No. 114-328, § 813 Note (c).  To implement this statutory mandate, on October 1, 2019, the Department of Defense revised the DFARS in accordance with the statute.  Selection of Contractor-Source Selection Process-Lowest Price Technically Acceptable Source, 84 Fed. Reg. 50785-01 (Oct. 1, 2019).  This regulation, DFARS § 215.101-2-70, establishes eight provisions that, together, limit the use of lowest-priced, technically acceptable source selection procedures.[3]  DFARS § 215.101-2-70(a)(1).  In addition, the regulation echoed the statutory language and instructed contracting officers to avoid the use of LPTA source selection criteria in procurements for information technology services “to the maximum extent practicable.”  DFARS § 215.101-2-70(a)(2).    The RFTOP, issued on October 29 in accordance with the procedures of Federal Acquisition Regulation 16.505, is for the installation and support of basic internet, wi-fi, and voice services for approximately 950 Air Force recruiting offices nationwide.  RFTOP at 3;[4] RFTOP attach. 7, Site List; RFTOP Performance Work Statement (PWS) at 2.  As part of these services, the contractor will install network equipment, such as routers and wi-fi access points, and will be responsible for providing services at minimum speeds and specifications.  Id.