Glomax, Inc.

B-409888 Sep 05, 2014 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Veterans Healthcare Supply Solutions, Inc. (VHSS), of Jacksonville, Florida, challenges the terms of request for quotations (RFQ) No. VA119-14-Q-0004, issued by the Department of Veterans Affairs (VA) to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) contracts for vital signs monitors and accessories. VHSS argues that the solicitation is unduly restrictive because it requires all members of a contractor teaming arrangement (CTA) to have FSS contracts under the identified schedule and special item number (SIN). We deny the protest. We deny the protest. View Decision Decision Matter of: Veterans Healthcare Supply Solutions, Inc. File: B-409888 Date: September 5, 2014 Gary M. Skura for the protester. Mary G. Courtney, Esq., Department of Veterans Affairs, and Michael D. Tully, Esq., General Services Administration, for the agencies. Louis A. Chiarella, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation provision requiring all members of a contractor team arrangement to hold Federal Supply Schedule contracts under one identified schedule and special item number (SIN) is unduly restrictive of competition is denied where all of the supplies to be procured are within the one identified schedule and SIN. DECISION Veterans Healthcare Supply Solutions, Inc. (VHSS), of Jacksonville, Florida, challenges the terms of request for quotations (RFQ) No. VA119-14-Q-0004, issued by the Department of Veterans Affairs (VA) to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) contracts for vital signs monitors and accessories. VHSS argues that the solicitation is unduly restrictive because it requires all members of a contractor teaming arrangement (CTA) to have FSS contracts under the identified schedule and special item number (SIN). We deny the protest. BACKGROUND The RFQ was issued on February 25, 2014, as a service-disabled, veteran-owned small business (SDVOSB) set-aside to holders of FSS contracts, pursuant to the procedures set forth in Federal Acquisition Regulation (FAR) subpart 8.4. The solicitation contemplated the establishment of a single blanket purchase agreement (BPA) for a base year and 4 options years, under which fixed-price delivery orders would be placed on an “as needed” basis. RFQ at 5-6. Vendors were informed that all of the supplies being procured must be on a FSS contract under Schedule 65 II A (Medical Equipment and Supplies) and SIN A-50A (Vital Signs Monitors).[1] Id. at 1, 5. Relevant to the protest here, the RFQ included the following provision regarding potential contractor team arrangements (CTA): Contractors shall be a Department of Veterans Affairs (VA) Federal Supply Schedule (FSS) holder for Schedule 65-II A, by the date and time for receipt of quotations . . . . All items quoted must be on the Contractors [sic] Federal Supply Schedule or the FSS of an Original Equipment Manufacturer (OEM) contractor with whom the contractor has a teaming arrangement by the time of submission of the quote. Each team member must have an FSS Schedule contract. In the event that [the] schedule contractor is not the OEM, there shall be a teaming arrangement in place by the due date for receipt of quotations that will state supplies provided by the schedule contractor will not void the manufacturer’s warranty and the manufacturer’s warranty remains in effect for the five year term of the BPA, inclusive of the options periods.[2] Id. at 37. Following the issuance of the solicitation, the agency informed VHSS that the agency interpreted the RFQ as requiring each member of a CTA to have a FSS contract under the identified schedule and SIN. See Protest at 1; Agency Report (AR), June 26, 2014, at 1. VHSS protested this requirement to our Office prior to the due date for receipt of quotations. DISCUSSION VHSS argues that the RFQ is overly restrictive and precludes its participation. VHSS asserts that it is a SDVOSB with a FSS Schedule 65 II A contract, and that it has a current teaming agreement in place with CAS Medical Systems, Inc. (an OEM),[3] which has a FSS contract under the required SIN. VHSS contends that there is no valid reason for the solicitation to restrict CTAs to only those entities that have both the FSS Schedule contract and SIN for the items here, and argues that the RFQ should permit all applicable FSS contract holders who have a team arrangement with the OEM to compete. Protest at 2. The agency responds that the requirement that each member of a CTA have an FSS contract under the applicable schedule and SIN is not unduly restrictive or otherwise improper. The VA points out that this procurement is for supplies contained only under SIN A-50A, and that VHSS’s FSS contract does not have these supplies.