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B-407136 1 (2012-11-15)

handle is hein.gao/gaobadpdw0001 and id is 1 raw text is: IS G A 0Comptroller General ~ty * Integrity * Rel lability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: ASC Group, Inc. File: B-407136 Date: November 15, 2012 Daniel L. Everest, Jr., and Stephen D. Blancq, for the protester. Timothy J. Ryan, Esq., Department of Defense, Defense Logistics Agency, for the agency. Paul N. Wengert, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that terms of the licensing agreement required by a solicitation for software were unduly restrictive of competition is denied where the agency's market research reasonably supported the agency's conclusion that these terms would best meet the agency's needs. DECISION ASC Group, Inc., of Vienna, Virginia, a small business, protests the terms of request for proposals (RFP) No. SP3300-12-R-0005, issued by the Department of Defense, Defense Logistics Agency (DLA), for a web-based commercial software quality management tool (QMT), and supporting services. ASC Group argues that the RFP improperly restricts competition by specifying that the software permit use by a specified number of concurrent users. We deny the protest. BACKGROUND DLA monitors the performance of various services provided by its support contractors. The QMT software application will allow DLA to automate that process, by establishing surveillance requirements, scheduling personnel to perform surveillance, documenting performance, and reporting results. That information allows DLA to track and monitor trends in performance, and to establish and monitor any needed preventive or corrective actions. AR, Tab 3, Preliminary Market Research Report, at 3; Protester's Supplemental Comments, attach. A, at 3.