[Protest of NOAA Contract Award for Software Development Services]

B-277260: Sep 22, 1997

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A firm protested a National Oceanic and Atmospheric Administration (NOAA) contract award negotiated through the Small Business Administration's section 8(a) set-aside program, for software development, testing, and maintenance, contending that the price at which the contract was awarded exceeded the fair market price. GAO held that NOAA failed to properly estimate the fair market price, and offered no persuasive explanation for why it may ignore the price of already developed software products that can satisfy the agency's needs. Accordingly, the protest was sustained, and GAO recommended that NOAA: (1) review its fair market price estimate, and if appropriate, terminate the awardee's contract, withdraw the 8(a) set aside, and fulfill the requirement under unrestricted procurement; and (2) reimburse the protester for its costs.

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.
  • Yang Enterprises, Inc.
    We dismiss the protest.

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