Wyle Laboratories, Inc.

B-416528 Sep 07, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Wyle Laboratories, Inc., of Huntsville, Alabama, challenges the terms of request for quotations (RFQ) No. 01C18Q0106, issued by the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), for professional, technical, and operational support services, in support of DHS's Office of Facilities and Asset Management. The protester alleges that the solicitation is unduly restrictive of competition because it limits the submission of past performance information to information submitted for the prime contractor. We dismiss the protest because the protester is not an interested party. We dismiss the protest because the protester is not an interested party. 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:  Wyle Laboratories, Inc. File:  B-416528 Date:  September 7, 2018 Alexander J. Brittin, Esq., Brittin Law Group, PLLC, for the protester. Carl J. Vernetti, Esq., and Sarah Park, Esq, Department of Homeland Security, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester fails to demonstrate a direct economic interest in the procurement and thus is not an interested party under our Bid Protest Regulations eligible to challenge the terms of the request for quotations where the protester acknowledges that it does not intend to perform any of the work required under the solicitation, and where the record reflects that the protester submitted a quotation and a protest on behalf of another company solely to satisfy its contractual obligations to that company under a third-party agreement. DECISION Wyle Laboratories, Inc., of Huntsville, Alabama, challenges the terms of request for quotations (RFQ) No. 01C18Q0106, issued by the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), for professional, technical, and operational support services, in support of DHS’s Office of Facilities and Asset Management.  The protester alleges that the solicitation is unduly restrictive of competition because it limits the submission of past performance information to information submitted for the prime contractor. We dismiss the protest because the protester is not an interested party. BACKGROUND The CBP issued the RFQ on June 4, 2018.  The competition is limited to firms holding one of the General Services Administration’s (GSA) One Acquisition Solution for Integrated Services (OASIS) unrestricted pool 1, multiple-award indefinite-delivery, indefinite-quantity contracts for professional, scientific, and technical services.  The RFQ anticipates the issuance of a time-and-materials task order for a period of performance of five years.[1] As relevant here, on June 5, 2018, Wyle entered into an asset purchase agreement (APA) with [DELETED] whereby Wyle transferred all of the “assets and liabilities used in or relating to the performance” of Wyle’s OASIS contract to [DELETED].  Protest at 5.  In addition, the APA requires that Wyle “cooperate and provide commercially reasonable efforts to assist [DELETED] with submission of proposals in response to requests for task order proposals,” like the task order that is the subject of this protest, “during the interim period and before a full novation is granted.”  Id.  Wyle further explains that, as part of the APA, “[DELETED] [is] responsible for all services required by a task order issued under the above referenced Solicitation,” and that “Wyle has made clear to [DELETED] that . . .