Inkit Inc. (W519TC-25-DOCUSIGN)
Case: B-423724
Agency:
Date: 2025-09-09
Dismissed
B-423724
Sep 09, 2025
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Highlights
Inkit Inc., of Wilmington, Delaware, protests the Department of the Army's actions taken in connection with the issuance of a task order to Carahsoft Technology Corporation, of Reston, Virginia, for "brand name DocuSign Software Licenses." Req. for Dismissal (RFD), exh. 8, Task Order at 3. The Army issued the task order pursuant to Carahsoft's multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contract under the Army's Computer Hardware Enterprise Software and Solutions (CHESS) program.
In this context, the Army Federal Acquisition Regulation Supplement (AFARS) provides that: "The Army's Computer Hardware, Enterprise Software and Solutions (CHESS) program . . . is the mandatory source for commercial IT [information technology] hardware and software purchases." AFARS § 5139.101-90(a)(1). Inkit does not hold a CHESS contract but asserts that it is capable of performing the task order's "functional requirements" based on its prior work performing various SBIR research and development efforts. Protest at 2. Accordingly, Inkit maintains that it was "improperly denied the opportunity to compete." Id.
For the reasons discussed below, we dismiss the protest.
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Decision
Matter of: Inkit Inc.
File: B-423724
Date: September 9, 2025
Michael McCarthy for the protester.
Wade L. Brown, Esq., Department of the Army, for the agency.
Glenn G. Wolcott, Esq., and April Y. Shields, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest asserting that the Department of the Army was required to meet certain information technology requirements through a Small Business Innovation and Research (SBIR) phase III award to the protester is dismissed where the protest fails to establish that the task order requirements constitute technology developed under the protester’s prior SBIR awards.
2. Protest challenging the Department of the Army’s issuance of a task order under the Army’s Computer Hardware Enterprise Software and Solutions (CHESS) program is dismissed where the protester does not hold a CHESS contract, Army regulations provide that the CHESS contract is a mandatory source for the requirements at issue, and the awarded value of the task order is below the threshold for GAO’s bid protest jurisdiction.
DECISION
Inkit Inc., of Wilmington, Delaware,[1] protests the Department of the Army’s actions taken in connection with the issuance of a task order to Carahsoft Technology Corporation, of Reston, Virginia, for “brand name DocuSign Software Licenses.” Req. for Dismissal (RFD), exh. 8, Task Order at 3.[2] The Army issued the task order pursuant to Carahsoft’s multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contract under the Army’s Computer Hardware Enterprise Software and Solutions (CHESS) program.[3]
In this context, the Army Federal Acquisition Regulation Supplement (AFARS) provides that: “The Army’s Computer Hardware, Enterprise Software and Solutions (CHESS) program . . . is the mandatory source for commercial IT [information technology] hardware and software purchases.” AFARS § 5139.101-90(a)(1). Inkit does not hold a CHESS contract but asserts that it is capable of performing the task order’s “functional requirements” based on its prior work performing various SBIR research and development efforts.[4] Protest at 2. Accordingly, Inkit maintains that it was “improperly denied the opportunity to compete.” Id.
For the reasons discussed below, we dismiss the protest.
BACKGROUND
The Army states that the DocuSign software at issue here is necessary to “modernize the accessions and recruiting business processes.”[5] RFD at 1 n.2. Accordingly, on June 5 and June 10, 2025, respectively, the Army posted requests for information (RFIs) on the CHESS and Systems for Award Management (SAM.gov) websites. RFD, exh. 3, CHESS RFI; RFD, exh.4, SAM.gov RFI. The RFIs identified specific DocuSign products; sought responses from vendors capable of providing those products; and established response dates of June 12 and June 18, respectively. Inkit did not respond to either RFI prior to the response dates.
Following its review of vendor responses to the RFIs, the Army determined that Carahsoft was able to provide the DocuSign products under its CHESS contract. Accordingly, on June 27, the Army issued a task order to Carahsoft in the amount of $43,342.[6] RFD, exh. 8, Task Order at 3.
On July 13, Inkit’s chief executive officer sent an email to the Army referencing the “Docusign RFI,” and asked: “Is this RFI going to move to a public RFP [request for proposals]?” RFD, exh. 9, Inkit Inquiry at 3. The agency responded that a task order had already been issued pursuant to Carahsoft’s CHESS contract, and further explained:
[T]he CHESS Vehicle is the mandatory source for software and hardware in accordance with AFARS 5139.101-90(a)(1).
Full decision text continues on ProtestIntel...