In the Matter of: Scope Infotech, Inc. Agency: Department of Health and Human Services, Centers for Medicare and Medicaid Services Disposition:Protest Sustained in Part, Denied in Part Keywords: FSS contract, Cost Realism Decided:March 22, 2018 Published: March 27, 2018 General Counsel P.C. Highlight: When purchasing items off the Federal Supply Schedule (FSS), items included in the task
Agency: Department of the Navy Disposition: Protest Sustained Decided: September 18, 2017 Keywords: FSS Contract, Simplified Acquisition Procedures General Counsel P.C. Highlight: Agencies may only purchase services identified and priced on a vendor’s schedule contract. Summary of Facts The Department of the Navy issued a request for quotations (RFQ) via the General Services Administration’s (GSA)
Link: GAO Opinion Agency: United States Coast Guard Disposition: Protest denied. General Counsel P.C. Highlight: GAO denied the protest of Phoenix Group of Virginia, Inc., regarding the establishment of a blanket purchase agreement (BPA) with the McHenry Management Group, under a request for quotations (RFQ), issued by the United States Coast Guard for marine engineering
Link: GAO Opinion Agency: Department of Veterans Affairs Disposition: Protest denied. General Counsel P.C. Highlight: GAO denied the protest of LS3 Technologies Inc. based on the award of a task order to Electrosoft Services, Inc. under a request for quotations (RFQ), issued by the Department of Veterans Affairs (VA) for an Enterprise physical access control
Link: GAO Decision Protestor: Kingdomware Technologies Agency: Department of Veterans Affairs Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Cancellation of request for quotations (RFQ) issued on a brand name or equal basis was proper where the RFQ failed to list any salient characteristics for use in evaluating equal products or identify a requirement that equal products
Link: GAO Decision Protestor: Impact Resource Technologies Agency: United States Marine Corps Disposition: Protest Denied _____________________________________________________________________________________________________ GAO Digest: Protest of agency’s time extension for the receipt of quotations following a solicitation amendment is denied where the protester has not shown the extension to be unreasonable. General Counsel PC Highlight: Impact Resource Technologies (IR Tech) protested
Link: GAO Decision Protestor: Hi-Tech Bed Systems Corporation Agency: Department of the Army, Corps of Engineers Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that agency conducting competition among Federal Supply Schedule vendors should have rejected successful vendor’s quotation because, although the vendor’s revised quotation complied with solicitation requirements, the vendor’s initial quotation did not, is
Link: GAO Decision Protestor: Cyberdata Technologies, Inc. Agency: General Services Administration Disposition: Protest Sustained. _____________________________________________________________________________________________________ GAO Digest: Protester’s argument that its technically acceptable quotation was excluded from the competition without consideration of price in a best value acquisition for the establishment of blanket purchase agreements (BPA) under the Federal Supply Schedule (FSS) is sustained where
Link: GAO Decision Protestor: Asset Protection & Security Services, LP Agency: Department of Homeland Security, Immigration and Customs Enforcement Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that agency improperly rejected quotation in Federal Supply Schedule (FSS) acquisition conducted under Federal Acquisition Regulation (FAR) part 8.4 is denied where protester’s FSS contract did not include all
Link: GAO Decision Protestor: Spectrum Security Services, Inc. Agency: Department of Homeland Security, Immigration and Customs Enforcement Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that agency improperly rejected quotation in Federal Supply Schedule (FSS) acquisition conducted under Federal Acquisition Regulation (FAR) part 8.4 is denied where protester’s FSS contract did not include all items and
Link: GAO Decision Protestor: Technical Associates, Inc. Agency: Department of the Army Disposition: Protest Denied in Part, Dismissed in Part. _____________________________________________________________________________________________________ GAO Digest Protest that an agency improperly restricted a procurement to Federal Supply Schedule (FSS) vendors is denied where agency reasonably determined that the solicited items could be procured through the FSS. Protester is
Link: GAO Decision Protestor: AINS, Inc. Agency: Department of Justice Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Agency reasonably evaluated and selected awardee’s quotation as the lowest price offer consistent with solicitation’s stated evaluation criteria and record does not support protester’s argument that the agency ordered services not on the awardee’s Federal Supply Schedule contract. General
Link: GAO Decision Protestor: Kingdomware Technologies Agency: Department of Veterans Affairs Disposition: Protest Sustained _____________________________________________________________________________________________________ GAO Digest: The Department of Veterans Affairs improperly used non-mandatory Federal Supply Schedule procedures to procure services, rather than using a set-aside for service disabled veteran-owned small business (SDVOSB) concerns, and improperly awarding a contract to a non-SDVOSB concern. General
Link: GAO Decision Protestor: Kingdomware Technologies Inc. Agency: Department of Veterans Affairs Disposition: Request Denied. _____________________________________________________________________________________________________ GAO Digest: Protester is not entitled to reimbursement of protest costs after agency took corrective action where protest was not clearly meritorious. General Counsel PC Highlight: Kingdomware Technologies Inc. requested that the GAO recommend that it be reimbursed the
Link: GAO Decision Protestor: The Dixon Group, Inc. Agency: Department of Health and Human Services Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest challenging agency’s exclusion of protester’s quotation from further consideration for a procurement using the General Services Administration Federal Supply Schedule conducted under Federal Acquisition Regulation subpart 8.4 is denied, where the record shows
Link: GAO Decision Protestor: Crosstown Courier Service, Inc. Agency: Department of Veterans Affairs Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that Department of Veterans Affairs improperly set aside a Federal Supply Schedule task order acquisition for service-disabled veteran-owned small businesses is denied where record shows that agency’s actions were an unobjectionable exercise of its authority
Link: GAO Decision Protestor: Crosstown Courier Service, Inc. Agency: Department of Veterans Affairs Disposition: Protest Sustained. ____________________________________________________________________________________________________ GAO Digest: The Veterans Benefits, Health Care, and Information Technology Act of 2006 requires the Department of Veterans Affairs to determine whether two or more service-disabled veteran-owned small business concerns can meet its requirement at a reasonable price
Link: GAO Decision Protestor: Aldevra Attachment: VA response to this decision in Aldevra, B-406205, March 14, 2012 Agency: Department of Veterans Affairs Disposition: Protest Sustained ________________________________________________________________________________________________________________ GAO Digest: The Veterans Benefits, Health Care, and Information Technology Act of 2006 requires the Department of Veterans Affairs to determine whether two or more service-disabled veteran-owned small business concerns
Link: GAO Decision Protestor: FitNet Purchasing Alliance Agency: Department of the Army Disposition: Protest Dismissed. ________________________________________________________________________________________________________________ GAO Digest: Protest challenging an agency’s decision not to set aside for small businesses an order under the Federal Supply Schedule (FSS) program is dismissed where the protester does not hold an FSS contract, and therefore is not an
Link: GAO Opinion Agency: General Services Administration Disposition: Protest denied. ___________________________________________________________________________________________________________ GAO Digest: Protest against issuance of task order is denied where the agency record of its evaluation of quotations was reasonable and consistent with the terms of the solicitation, and the contracting officer appropriately documented the evaluation and best value tradeoff consistent with the
Link: GAO Opinion Agency: Department of Education Disposition: Protest denied. Keywords: SDVOSB; set-aside; agency report rebuttal General Counsel P.C. Highlight: An error in the solicitation is likely not prejudicial if there is no vendor question asked regarding it and if a protestor fails to respond to an agency report the GAO will consider those grounds
Link: GAO Opinion Agency: Department of Veterans Affairs Disposition: Protest denied. Keywords: Federal Supply Schedule Contract; Competition General Counsel P.C. Highlight: FAR§ 8.405-6 exempts orders placed under the Federal Supply Schedule Contract program from the full and open competition requirements, but requires that an ordering activity justify its action when restricting consideration of schedule contractors to
Link: GAO Opinion Agency: Defense Intelligence Agency Disposition: Protest sustained. Keywords: GSA Schedule Contract Award General Counsel P.C. Highlight: When an agency conducts a formal competition under the FSS program for award of a task order contract, it will review the agency’s actions to ensure that the evaluation was reasonable and consistent with the terms of
Link: GAO Opinion Agency: Department of Defense Disposition: Protest sustained. Keywords: FSS Contracts; MAS Contracts General Counsel P.C. Highlight: GAO states that when an agency issues an RFQ to vendors holding FSS contracts for the delivery of services at hourly rates, and, as here, a statement of work is included, the ordering agency must evaluate the
Link: GAO Opinion Agency: Federal Trade Commission Disposition: Protest denied. Keywords: technical evaluation; GSA FSS Procurement General Counsel P.C. Highlight: In a competitive FSS procurement, it is the vendor’s burden to submit a quotation that is adequately written and establishes the merits of the quotation. —————————————————————————————————————————– CMI Management, Inc. protests the issuance of a task order
Link: GAO Opinion Agency: Department of the Navy Disposition: Protest denied Keywords: GSA Schedule General Counsel P.C. Highlight: Where an agency announces its intention to purchase using GSA Schedule (FSS) procedures, all items evaluated and ordered are generally required to be within the scope of the vendor’s FSS contract. —————————————————————————————————————————– Marine Group Boat Works, LLC protests
Link: GAO Opinion Agency: Department of the Navy Disposition: Protest denied. Keywords: Schedule Contract General Counsel P.C. Highlight: When an agency announces its intention to order from an existing FSS vendor, all items quoted and ordered are required to be on the vendor’s FSS contract at the time the order is issued. —————————————————————————————————————————– Maybank Industries, LLC
Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. Keywords: Corrective Action; FSS Contract General Counsel P.C. Highlight: In negotiated procurements, agencies have broad discretion to take corrective action where they determine that such action is necessary to ensure fair and impartial competition. GAO will not object to the specific corrective action, so long
Link: GAO Opinion Agency: Department of Veterans Affairs Disposition: Protests denied. Keywords: Small Business Set-Asides; GSA Federal Supply Schedule (FSS) Program General Counsel P.C. Highlight: FAR Part 19, pertaining to small business programs and set-aside requirements, does not apply to BPAs or orders placed against FSS contracts. —————————————————————————————————————————– Edmond Computer Company and Edmond Scientific Company protest
Link: GAO Opinion Agency: Department of State Disposition: Protest sustained. Keywords: FSS contract; Contract line item; Micro-purchase threshold General Counsel P.C. Highlight: Offeror cannot use a micro-purchase line item in a FSS buy where the actual cost of the line item is incorporated elsewhere and the amount appears to exceed the micro-purchase threshold. —————————————————————————————————————————– The
Link: GAO Opinion Agency: General Services Administration Disposition: Protest denied. Keywords: FSS contract, Pricing a task order quote under a GSA Schedule contract General Counsel P.C. Highlight: Pricing of a task order quote must be based on existing GSA Schedule contract pricing and not on prices expected to be approved in a new GSA Schedule
Link: GAO Opinion Agency: General Services Administration Disposition: Protest denied. Keywords: Construction services; GSA schedule; beyond the scope General Counsel, P.C. Highlight: An order placed through the awardee’s schedule contract may not include any item or services that are not already included on the awardee’s GSA schedule contract. —————————————————————————————————————————– American Warehouse Systems (AWS) protested the
Link: GAO Opinion Agencies: General Services Administration Disposition: Protest sustained. Keywords: FSS contract General Counsel, P.C. Highlight: When a concern arises that a vendor is offering services outside the scope of its GSA Schedule contract, the relevant inquiry is not whether the vendor is willing or able to provide the services that the agency is
Link: GAO Opinion Agency: Department of State Disposition: Protest sustained. __________________________________________________________________________________________________________________ GAO Highlight: Where solicitation limited competition to vendors holding Federal Supply Schedule (FSS) contract for required items, and successful vendor’s FSS contract did not include all required items, issuance of purchase order was improper; while non-FSS micro-purchase ($3,000) items properly may be purchased under
Link: GAO Opinion Agency: General Services Administration Disposition: Protest dismissed in part, denied in part. _________________________________________________________________________________________________________________ GAO Digest: Issuance of a Federal Supply Schedule (FSS) order to vendor was proper where the ordered items were added to vendor’s FSS contract by a timely-executed modification. General Counsel P.C. Highlight: Sea Box alleges that the “or equal”