Qualimetrics, Inc.

B-262057 Nov 16, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Where an agency fails to effectively solicit an incumbent contractor because the solicitation was sent to the former address of the contractor. The RFP was issued on April 5 requesting proposals for non-mandatory. Whichever is later. Where Qualimetrics formerly maintained a sales office. [4] At the time the FSS contract was executed in January 1992. Qualimetrics was a wholly owned subsidiary of Dynatech Corporation of Massachusetts. Whereunder all the assets and rights of that firm were transferred from Dynatech to QSJJ. The FAA was responsible for processing and executing Qualimetrics's novation agreement. Enclosed with this letter were the executed novation agreement as well as a proposed implementing modification to the primary FAA contract. View Decision Matter of: Qualimetrics, Inc. File: B-262057 Date: November 16, 1995 Where an agency fails to effectively solicit an incumbent contractor because the solicitation was sent to the former address of the contractor, and where the agency had been advised, under Federal Acquisition Regulation subpart 42.12, prior to the issuance of the solicitation, that the contractor had executed a novation agreement approved by another agency and of the correct address of the successor contractor, the agency has not satisfied its obligation under the Competition in Contracting Act of 1984 to obtain full and open competition. Attorneys DECISION Qualimetrics, Inc. protests the failure of the General Services Administration (GSA) to solicit it under request for proposals (RFP) No. FCGR-95-0002-B, for non-mandatory, multiple award federal supply schedule (FSS) contracts encompassing various instruments and laboratory equipment. We sustain the protest. On February 16 and March 17, 1995, GSA published in the Commerce Business Daily (CBD) notices of the RFP. The RFP was issued on April 5 requesting proposals for non-mandatory, multiple award schedule contracts covering Federal Supply Classification (FSC) group 66, part II, section Q, "Instruments and Laboratory Equipment: Environmental Sampling and Analysis Equipment (Geophysical, Oceanographic and Meteorology (Weather) Instruments); and Surveying Instruments and Systems," for a contract period commencing on December 1, 1995, or date of award, whichever is later, through November 30, 2000. [1] Based upon its mailing list and requests pursuant to the CBD announcement, GSA sent the RFP to 230 firms. [2] GSA mailed a copy of the RFP to Qualimetrics, [3] an incumbent contractor under the current FSS contract for this FSC group, to an address in Baldwin, Maryland, where Qualimetrics formerly maintained a sales office. [4] At the time the FSS contract was executed in January 1992, Qualimetrics was a wholly owned subsidiary of Dynatech Corporation of Massachusetts. Dynatech, Qualimetrics, and the Federal Aviation Administration (FAA), the responsible agency for which Qualimetrics performed the most work, executed a novation agreement, [5] effective September 30, 1994, whereunder all the assets and rights of that firm were transferred from Dynatech to QSJJ, Inc., which continues to do business as Qualimetrics at the Sacramento address. The novation agreement specifically recognized Qualimetrics as the successor in interest for various contracts, including an FAA contract and Qualimetrics's FSS contract. Pursuant to FAR Secs. 42.1202 and 42.1203, the FAA was responsible for processing and executing Qualimetrics's novation agreement, which included informing GSA of the proposed agreement and obtaining that agency's consent to the terms and conditions of the novation. By letter dated December 21, the FAA sent GSA notice of Qualimetrics's novation agreement, asking for GSA's comments within 30 days and stating that no response would be taken as consent; this letter identified Qualimetrics as being located in Sacramento. Enclosed with this letter were the executed novation agreement as well as a proposed implementing modification to the primary FAA contract, which identified Qualimetrics as the successor contractor at the Sacramento address. [6] Numerous firms submitted proposals by the May 16 closing date. Qualimetrics did not receive a copy of the solicitation that was sent to the closed Maryland office address, and first learned of the RFP when it contacted GSA in June regarding the resolicitation of its FSS contract that was scheduled to expire on November 30, 1995. GSA has declined to reopen the RFP to allow Qualimetrics to submit a proposal, arguing that the protester should have notified GSA that its address had changed. No awards have been made under this RFP. The Competition in Contracting Act of 1984 (CICA), 41 U.S.C. Sec. 253(a)(1)(A), requires contracting agencies to obtain full and open competition through the use of competitive procedures.