Oracle America, Inc. (SP4701-21-Q-1000)

B-420181 Nov 30, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Oracle America, Inc. (Oracle), of Reston, Virginia, protests request for quotation (RFQ) No. SP4701-21-Q-1000 issued by the Defense Logistics Agency (DLA) under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V indefinite-delivery, indefinite-quantity (IDIQ) governmentwide acquisition contract (GWAC) for Appian Enterprise Software as a Service (SaaS) user licenses. The protester asserts, among other things, that the products sought under the RFQ are beyond the scope of the SEWP V 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-420181 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 under a National Aeronautics and Space Administration contract 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. SP4701-21-Q-1000 issued by the Defense Logistics Agency (DLA) under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V indefinite-delivery, indefinite-quantity (IDIQ) governmentwide acquisition contract (GWAC) for Appian Enterprise Software as a Service (SaaS) user licenses.  The protester asserts, among other things, that the products sought under the RFQ are beyond the scope of the SEWP V 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 6.  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. 7, Office of the Under Secretary of Defense Memos at 2.  DLA is now launching a limited “capability assessment pilot” (CAP) 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 6-7. To undertake this pilot, DLA is procuring both services and products.  The requirement under this solicitation is to acquire the software licenses, i.e., the “products” for the pilot.  In conjunction with this solicitation, DLA also issued RFQ No. SP4709-21-Q-1053, a task order solicitation under the DLA J6 Enterprise Technology Services (JETS) IDIQ contract for the services to install, configure, and integrate an instance of CON-IT within DLA’s Procurement Integrated Enterprise Environment, i.e., the “services” for the pilot.[3] On September 16, 2021, DLA issued the subject RFQ as a small business set-aside, seeking quotations for Appian Business Process Management (BPM) software subscriptions necessary for the pilot.  Id. at 8; AR, Exh. 1, RFQ at 2.  Under the RFQ, the vendor will supply 340 Appian Enterprise SaaS user licenses and the maintenance of those licenses.  RFQ at 6. The agency issued the RFQ under the SEWP V contract.  RFQ at 7.  SEWP V is a multiple-award IDIQ GWAC for “Information and Communications Technology (ICT) and Audio Visual (AV) products including hardware; software; maintenance; warranty; product based engineering, installation and implementation services; and product training.”  AR, Exh. 2, SEWP V Statement of Work at 5-6.  Dozens of vendors, including small businesses and other-than-small businesses, hold SEWP V contracts.  See generally AR, Exh. 14, SEWP V Contract Holders.  Oracle does not hold a SEWP V contract.  See generally id. DLA prepared a justification for an exception to fair opportunity because the solicitation seeks a brand-name product.  AR, Exh.