RFP §§ B, L Performance Work Statement (PWS) ¶ 1.1.2. The RFP provided for the issuance of a fixed‑price-award-fee task order for a 1-year base period and four 1-year options for a wide range of information technology (IT) and telecommunications services and support for the the Air Force National Capital Region (AFNCR) and the National Military Command Center (NMCC). On November 2, 2015, the Air Force issued the RFP pursuant to Federal Acquisition Regulation (FAR) subpart 16.5 to holders of Network-Centric Solutions-2 (NETCENTS-2) NetOps and Infrastructure small business indefinite-delivery, indefinite-quantity (IDIQ) contracts. The protesters challenge the evaluation of their proposals, including the adequacy of discussions, and Abacus also protests the evaluation of Technica’s proposal. FA7014-16-R-3000, issued by the Department of the Air Force for information technology and telecommunications services and support. Protest of evaluation of awardee’s proposal is denied where awardee’s decision to propose optional personnel was not contrary to the solicitation and evaluation was otherwise unobjectionable.Ībacus Technology Corporation, a small business of Chevy Chase, Maryland, and SMS Data Products Group, Inc., a small business of McLean, Virginia, protest the issuance of a task order to Technica Corporation, a small business of Dulles, Virginia, pursuant to request for proposals (RFP) No. Protests alleging misleading discussions and objecting to agency’s decision not to seek clarifications are denied where discussions were fair and meaningful and agency was under no obligation to seek clarifications.ģ. Protests of evaluation of offerors’ proposals with respect to staffing are denied where evaluations were reasonable and consistent with the solicitation agency findings related to staffing approach, key personnel, and security clearance distribution were supported by the record.Ģ. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.ġ. Mandelkehr, Esq., Department of the Air Force, for the agency. Beary, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for Technica Corporation, the intervenor. Bryan Wilson, Esq., and Andrew McBride, Esq., Williams & Connolly LLP, for SMS Data Products Group, Inc., the protesters. Matthew Carter, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Abacus Technology Corporation John McNichols, Esq., C. The court granted Abacus’s motion for summary judgment on InDyne’s copyright infringement claim, ruling that InDyne could not meet its burden of proving which portions of its software code were protected by its registered copyright.C. Parmet explained that InDyne’s failure to produce an intact copy of the software version registered for copyright rendered it impossible to test whether the allegedly infringing work was “substantially similar” to InDyne’s copyrighted work, as is required for purposes of proving copyright infringement. Parmet also found that the registered software included source code created under contracts which expressly conferred the government with an exclusive license to use or modify InDyne’s source code for its own use. Parmet found that the software version InDyne had registered for copyright included source code to which InDyne had no valid copyright claim, such as code that was authored by third parties or open-source. InDyne alleged that Abacus had copied InDyne’s proprietary software without consent for purposes of satisfying Abacus’s contract with NASA, and subsequently filed suit against Abacus for copyright infringement, trade secret misappropriation, and civil theft.ĭisputeSoft analyzed the source code at issue and established that it was not a copy of the registered work as it existed at the time of its publication in 2003, but instead was a version that had been substantially modified from 2003-2008 in order to meet NASA’s contractual requirements. As part of the transition between contracts, Abacus received certain software modules that InDyne had created and used during the term of the previous contract. When Abacus assumed responsibility for these services under the terms of a new contract in 2008, a few weeks before a scheduled launch, NASA requested that Abacus preserve the functionality, look and feel of the system used by InDyne to ensure that NASA employees would not be forced to familiarize themselves with an entirely different system in such a short period of time. From 2003 to 2008, InDyne provided NASA’s Kennedy Space Center with IT and communications services using a proprietary set of software modules that InDyne continuously customized and further developed throughout the course of the contract.
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