B-296501, Computers Universal, Inc., August 18, 2005

B-296501 Aug 18, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Computers Universal, Inc. protests the terms of request for quotations (RFQ) No. 600-134-05, issued by the Department of Veterans Affairs (VA) for information technology services for the Naval Medical Center in San Diego, California.[1] The vendor selected under the RFQ will provide continuous day-to-day operational, technical, software design and development, and programming support for the medical center and its many programs and clinics. Computers Universal, a vendor that previously was issued a task order for performance of the services from April 2003 to September 2004, contends that the current RFQ's personnel experience requirements are excessive and unduly restrictive of competition. Specifically, the protester alleges that the experience requirements, which exceed those it was required to meet under its predecessor task order, were developed solely to favor another firm, abcISP, Inc., the firm that performed the services under the protester's prior task order as a subcontractor to Computers Universal. We deny the protest. View Decision B-296501, Computers Universal, Inc., August 18, 2005 Decision Matter of: Computers Universal, Inc. File: B-296501 Date: August 18, 2005 Peter L. Cannon for the protester. Michael R. Rizzo, Esq., McKenna Long & Aldridge LLP, for abcISP, Inc., an intervenor. Dennis Foley, Esq., Philip Kauffman, Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation's personnel experience requirements as unduly restrictive of competition is denied where record shows requirements are reasonably related to agency's needs for higher level expertise. DECISION Computers Universal, Inc. protests the terms of request for quotations (RFQ) No. 600-134-05, issued by the Department of Veterans Affairs (VA) for information technology services for the NavalMedicalCenter in San Diego, California.[1] The vendor selected under the RFQ will provide continuous day-to-day operational, technical, software design and development, and programming support for the medical center and its many programs and clinics. Computers Universal, a vendor that previously was issued a task order for performance of the services from April 2003 to September 2004, contends that the current RFQ's personnel experience requirements are excessive and unduly restrictive of competition. Specifically, the protester alleges that the experience requirements, which exceed those it was required to meet under its predecessor task order, were developed solely to favor another firm, abcISP, Inc., the firm that performed the services under the protester's prior task order as a subcontractor to Computers Universal. We deny the protest. As noted above, Computers Universal was issued a task order for these services in 2003, and subcontracted with abcISP for performance of the services. In 2004, shortly after the protester received a follow-on task order for the services, abcISP protested the selection of Computers Universal; the agency suspended the procurement in light of abcISP's assertion that the protester had improperly submitted the qualifications of abcISP personnel for evaluation. The agency granted Computers Universal an opportunity to submit substitute personnel; having determined that the protester's substitute personnel failed to meet the RFQ's experience requirements, however, VA ultimately terminated the protester's task order in February 2005.[2] On March 4, after the agency issued a new solicitation for the requirement, Computers Universal protested its terms; that protest was dismissed as academic, however, after the agency discovered errors in the solicitation and cancelled the procurement. The current solicitation, issued on May 2, seeks quotations for a task order for a base period through September 30, 2005, plus 4 option years. Vendors were advised that in evaluating quotations for selection, the three non-price factors, as a group, would be of equal weight to price. The non-price factors were listed in descending order of importance, as follows: evaluation of personnel resumes for compliance with stated qualifications and experience requirements; consideration of the firm's service-disabled veteran-owned status; and past performance. RFQ at 4. The protester primarily contends that the RFQ's personnel experience requirements exceed the agency's needs and thus are unduly restrictive of competition.