Oracle America, Inc. (SP4709-21-Q-1053)

B-420136,B-420136.2,B-420136.3 Nov 30, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Oracle America, Inc. (Oracle), of Reston, Virginia, protests request for quotation (RFQ) No. SP4709-21-Q-1053 issued by the Defense Logistics Agency (DLA) under the DLA J6 Enterprise Technology Services (JETS) multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract for the Enterprise Contract Writing Module (ECWM) configuration and integration support pilot. The protester asserts, among other things, that the services sought under the RFQ are beyond the scope of the JETS contract. We deny the protest in part and dismiss the protest 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:  Oracle America, Inc. File:  B-420136; B-420136.2; B-420136.3 Date:   November 30, 2021 Craig A. Holman, Esq., Nathaniel E. Castellano, Esq., and Aime JH Joo, Esq., Arnold & Porter Kaye Scholer LLP, for the protester. Michael D. McPeak, Esq., and Gregory S. Mathews, Esq., Defense Logistics Agency, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that a task order solicitation exceeds the scope of the underlying multiple-award contract is denied where the record shows that services are reasonably encompassed within the contract’s scope of work and the protester’s allegations are based on facts not reflected in the record. 2.  GAO lacks jurisdiction to consider protest challenging the terms of a task order solicitation issued by a Department of Defense agency where the estimated value of the task order is less than $25 million. DECISION Oracle America, Inc. (Oracle), of Reston, Virginia, protests request for quotation (RFQ) No. SP4709-21-Q-1053 issued by the Defense Logistics Agency (DLA) under the DLA J6 Enterprise Technology Services (JETS) multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract for the Enterprise Contract Writing Module (ECWM) configuration and integration support pilot.  The protester asserts, among other things, that the services sought under the RFQ are beyond the scope of the JETS contract. We deny the protest in part and dismiss the protest in part. BACKGROUND The Department of Defense (DOD) has used the Standard Procurement System (SPS) as its contract writing software for 25 years.  Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 7.  In 2017, DOD established a September 2023 “sunset date” to retire SPS, and appointed DLA to lead the effort to research and develop the next generation software to replace SPS for the Fourth Estate.[1]  Agency Report (AR), Exh. 12, Office of the Under Secretary of Defense Memos at 5.  DLA then established the ECWM Office to perform a “limited capability ECWM pilot” to assess the feasibility of using a solution developed by the Air Force, Contracting-Information Technology (CON‑IT), as the potential next generation software.[2]  COS/MOL at 7-8. To undertake this pilot, DLA is procuring both services and products.  The requirement under this solicitation is to acquire installation, configuration, and integration work, i.e., the “services” for the pilot.  In conjunction with this solicitation, DLA also issued RFQ No. SP4701-21-Q-1000, a task order solicitation under the National Aeronautics and Space Administration Solutions for Enterprise-Wide Procurement (SEWP) V IDIQ governmentwide acquisition contract for Appian software licenses, i.e., the “products” for the pilot.[3] On July 22, 2021, DLA issued the subject RFQ as a small business set-aside, seeking quotations for the ECWM configuration and integration support pilot.  AR, Exh. 1, RFQ at 1, 3.  The agency issued the RFQ under the JETS contract.  Id. at 1.  JETS is a multiple-award IDIQ contract that provides “the full range of [information technology (IT)] services, technical and management expertise that support applications, software, hardware, infrastructure, and systems, across the DLA IT Enterprise.”  AR, Exh. 7, JETS Solicitation at 10-12.  Over 100 vendors, including small businesses and other-than-small businesses, hold JETS IDIQ contracts.  AR, Exh. 10, JETS Awardees at 3. [DELETED] vendors submitted quotations by the RFQ’s deadline.  COS/MOL at 23.  The value of the task order to be issued under the RFQ--based on the agency’s internal estimate and the quotations received--is approximately $[DELETED].  Id.; AR, Exh. 13, RFQ Acquisition Plan at 3; AR, Exh. 19, Abstract of Quotations at 4. Oracle, which does not hold a JETS contract, learned of the RFQ on August 10.  See generally AR, Exh. 10, JETS Awardees at 3; AR, Exh.