Technical Professional Services, Inc.

B-410640 Jan 20, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Technical Professional Services, Inc. (TPS), of Wayland, Michigan, protests the Department of Veterans Affairs' (VA) issuance of an order to HR Staff Management, Inc., dba Alpha Services, of Las Vegas, Nevada, under request for quotations (RFQ) No. VA777-14-Q-0169, for administrative support services. The protester challenges the agency's failure to solicit it for this requirement, arguing that, as the incumbent, it was entitled to be solicited. We deny the protest. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Technical Professional Services, Inc. File: B-410640 Date: January 20, 2015 Frank S. Murray Jr., Esq., Foley & Lardner LLP, for the protester. Bridget E. Grant, Esq., Department of Veterans Affairs, for the agency. Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging failure to solicit incumbent contractor for issuance of a Federal Supply Schedule order is denied where applicable regulation does not require solicitation of the incumbent and record does not indicate that agency decision not to solicit incumbent resulted from bad faith. DECISION Technical Professional Services, Inc. (TPS), of Wayland, Michigan, protests the Department of Veterans Affairs’ (VA) issuance of an order to HR Staff Management, Inc., dba Alpha Services, of Las Vegas, Nevada, under request for quotations (RFQ) No. VA777-14-Q-0169, for administrative support services. The protester challenges the agency’s failure to solicit it for this requirement, arguing that, as the incumbent, it was entitled to be solicited. We deny the protest. BACKGROUND TPS is the incumbent contractor under a Federal Supply Schedule (FSS) order for these services. Based on perceived performance issues with TPS and changes in the agency’s requirements, the VA decided not to exercise the option in TPS’s incumbent contract and decided instead to recompete the requirement with a new performance work statement, with changed locations, tasks, and deliverables. Contracting Officer Statement (COS) at 3; see Comments at 3. The resulting acquisition was conducted pursuant to Federal Acquisition Regulation (FAR) § 8.405-2, which governs ordering procedures under FSS contracts for services requiring a statement of work. The RFQ was issued on June 19, 2014, with a July 2 closing date for receipt of quotations. RFQ at 1. The RFQ was not publicized on the Federal Business Opportunities (FedBizOpps) or the General Services Administration e-Buy websites. Rather, the agency sent the RFQ to 14 vendors holding contracts under FSS schedule No. 736, Temporary Administrative and Professional staffing. COS at 1. The agency contract specialist advises that the agency “randomly selected” fourteen vendors that the agency found met its requirements. Statement of Contract Specialist, Jan. 7, 2015. The protester, which holds an FSS contract under schedule 736, was not sent an RFQ. The VA received six timely quotations. COS at 1. After evaluation of quotations, Alpha Services was determined to be the lowest-priced ($393,000), technically acceptable vendor, resulting in an order being issued to Alpha Services on August 12. COS at 1; see Agency Report (AR), Exh. 8, LPTA Award Determination; AR, Exh. 7, Notice of Award to Awardee. The award was not publicized on FedBizOpps, but instead was posted on the Federal Procurement Data System (FPDS) website. AR, Tab 10, FPDS Posting. This protest was filed on October 10 after TPS learned of the new order from Alpha Services’ employees. DISCUSSION TPS asserts that, as it was the incumbent for this requirement, the agency acted improperly in not furnishing it a copy of the solicitation. As noted by the protester, section 863 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, Pub. L. No. 110-417, 122 Stat. 4356, 4547-48 (2008), mandated the issuance of regulations in the FAR “to require enhanced competition in the purchase of property and services by all executive agencies pursuant to multiple award contracts.” Id. In addition, while the statute permits notice to fewer than all contract holders under multiple award contracts, it requires that such notice be “provided to as many contractors as practicable.” Id.