Qwest Communications International, Inc., B-287459; B-287459.2, June 25, 2001

Qwest Communications International, Inc., B-287459; B-287459.2, June 25, 2001 TITLE: Qwest Communications International, Inc., B-287459; B-287459.2, June 25, 2001 BNUMBER: B-287459; B-287459.2 DATE: June 25, 2001 ********************************************************************** Qwest Communications International, Inc., B-287459; B-287459.2, June 25, 2001 Decision Matter of: Qwest Communications International, Inc. File: B-287459; B-287459.2 Date: June 25, 2001 Rand L. Allen, Esq., John McCullough, Esq., and Derek Yeo, Esq., Wiley, Rein & Fielding, for the protesters. David S. Cohen, Esq., and John J. O'Brien, Esq., Cohen Mohr, and George J. Affe, Esq., for Sprint Communications Company, LP, and C. Stanley Dees, Esq., and Alison L. Doyle, Esq., McKenna & Cuneo, for AT&T Communications, Inc., intervenors. Michelle Harrell, Esq., and Michael J. Ettner, Esq., General Services Administration, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of General Services Administration's sole-source extensions of FTS 2000 bridge contracts is dismissed where, because protester is subject to restrictions under section 271 of the Communications Act of 1934, as amended, 47 U.S.C. sect. 271, there is no basis for concluding that protester would be able to meet requirement for ubiquitous, nationwide long-distance service even had agency competed the requirement; accordingly, protester is not interested party for purpose of challenging sole-source awards. DECISION Qwest Communications International, Inc. protests the General Services Administration's (GSA) sole-source extensions of the agency's FTS 2000 bridge contracts with AT&T Communications, Inc. (GS-00T-99NSD-0003) (AT&T Bridge Contract), and Sprint Communications Company, L.P. (GS-00T-99NSD-0002) (Sprint Bridge Contract), for long-distance telecommunications services. Qwest, which maintains that it can meet the agency's needs, argues that the sole-source extensions were improper. We dismiss the protest. In December 1988, GSA awarded separate 10-year contracts to AT&T (No. GS-00K-89AHD-0008) and Sprint (No. GS-00K-89AHD-0009), the original FTS 2000 contracts, for a comprehensive set of long-distance services--including switched voice services, packet switched services, dedicated transmission services, video transmission services, and switched digital integrated services--to be furnished on the basis of ubiquitous service throughout the continental United States, Alaska, Hawaii, and Puerto Rico. The contracts provided for each FTS 2000 contractor to serve as a single point of contact with customer agencies and to furnish multi-level hierarchical billing customized for each agency user. Contracting Officer's Statement (COS) at 1; see, e.g., Agency Report (AR), Sprint FTS 2000 Contract, sect.sect. C.1.1, C.1.3.1, C.2.1.3, C.3.2.4.4. On December 1, 1998, prior to the award of competitive contracts under the FTS 2001 program, the successor to the FTS 2000 program, GSA awarded sole-source extension of service bridge contracts to AT&T and Sprint for the continuation of FTS 2000 service for up to 2 years (a base year and two 6-month options). COS at 1; AR, Tab 22, AT&T Bridge Contract; AR, Tab 23, Sprint Bridge Contract. Subsequently, GSA made a competitive award of one FTS 2001 contract to Sprint (No. GS-00T-99NRD-2001) on December 18 and, on January 11, 1999, awarded another FTS 2001 contract to MCI Worldcom (No. GS-00T-99NRD-2002). The FTS 2001 contracts continued the requirement to furnish basic FTS 2000 services, added additional service offering requirements, maintained a ubiquitous domestic coverage requirement for such basic services as switched voice service, and extended the geographical coverage of the contracts to international locations. COS at 2; AR, FTS 2001 Solicitation, Statement of Work sect.sect. C.1.2, C.1.3, C.2.1.1.1.1, C.2.1.3; see, e.g., Sprint FTS 2001 Contract at sect.sect. C.2.1.1.1.1, J.8.3.1. GSA reports that when it awarded the bridge contracts in 1998, it expected that the potential 2-year period of the contracts would afford sufficient time for the agency to award the FTS 2001 contracts and to complete customer agency transitions to FTS 2001 service. COS at 1. GSA further reports that, as late as July 2000, the agency still believed the transition could be completed by the December 6, 2000 expiration of the bridge contracts. Id. at 2. However, on or around August 1, the program office advised the contracting office that some agencies would not complete the transition from FTS 2000 to FTS 2001 by December 6. AR at 9 n.14, 10. Subsequently, on December 5, after negotiating with both contractors, GSA modified AT&T's and Sprint's bridge contracts, extending AT&T's by 1 year and Sprint's by 6 months. AR, AT&T Bridge Contract Modification No. PS39, and Sprint Bridge Contract Modification No. PS21.