A protest of the government's decision to permit a contractor to award
software subcontracts in place of a proposed direct procurement was
sustained by the Court of Federal Claims because the government failed to
justify the decision and to consider the effect on competition as required
by the Competition in Contracting Act. The protest concerned an information
technology project where the government first issued requests for
information from potential software vendors but then chose to procure the
requirements through an existing Government Wide Acquisition Contract task
order. The GWAC contractor then awarded subcontracts to software vendors.
The protesters contended the decision to combine two separate proposed
direct software procurements and task them to the GWAC contractor deprived
them of an opportunity to compete without any rationale.
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