Boswell & Dunlap, LLP

B-416623 Oct 10, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Boswell & Dunlap, LLP, a small business, located in Bartow, Florida, challenges multiple actions by the U.S. Department of Agriculture relating to request for quotations (RFQ) No. 1231ME-18-Q-0007 (RFQ-0007) and RFQ No. 1231ME-18-Q-0009 (RFQ-0009), which were issued for the provision of foreclosure legal services and related technical support for the State of Florida. The protester alleges that it was denied an opportunity to compete for RFQ-0009, the agency improperly cancelled RFQ-0007, and that establishment of any blanket purchase agreement (BPA) pursuant to RFQ-0009 would be unreasonable. We dismiss the protest. We dismiss the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of:  Boswell & Dunlap, LLP File:  B-416623 Date:  October 10, 2018 Frederick J. Murphy, Jr., Esq., Boswell & Dunlap, LLP, for the protester. Heather M. Self, Esq., and Caleb A. Pearson, Esq., Department of Agriculture, for the agency. Nora K. Adkins, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that agency denied protester an opportunity to compete is dismissed where the agency posted the solicitation on the government-wide point of entry, the FedBizOpps website. 2.  Protest challenging agency’s cancellation of a solicitation is dismissed as untimely where the protest was not filed within 10 days of receiving notice of the cancellation. 3.  Protest challenging the establishment of a blanket purchase agreement is dismissed where the protester is not an interested party to challenge the agency’s actions. DECISION Boswell & Dunlap, LLP, a small business, located in Bartow, Florida, challenges multiple actions by the U.S. Department of Agriculture relating to request for quotations (RFQ) No. 1231ME-18-Q-0007 (RFQ-0007) and RFQ No. 1231ME-18-Q-0009 (RFQ‑0009), which were issued for the provision of foreclosure legal services and related technical support for the State of Florida.  The protester alleges that it was denied an opportunity to compete for RFQ-0009, the agency improperly cancelled RFQ‑0007, and that establishment of any blanket purchase agreement (BPA) pursuant to RFQ-0009 would be unreasonable. We dismiss the protest. The agency issued RFQ-0007 on February 5, 2018, as a small business set-aside pursuant to the commercial items and simplified acquisition procedures contained in Federal Acquisition Regulation (FAR) parts 12 and 13.  RFQ-0007 at 0010[1]; Agency Report (AR), Tab 3, RFQ-0007 FedBizOpps Notice, at 0090.  The solicitation contemplated the establishment of multiple BPAs on a lowest-priced, technically acceptable basis.[2]  RFQ-0007 at 0042-0043.  On February 21, Boswell submitted a quotation in response to the solicitation.  Contracting Officer Statement (COS) at 0001. On May 17, the agency cancelled RFQ-0007 and provided notice to all vendors, including Boswell, via email.  AR, Tab 5, Cancellation Notice, at 0116.  The cancellation notice provided to Boswell stated:  “The above referenced solicitation is being cancelled as further development of requirements and direction may be required to yield a successful outcome for the Government’s needs.  No additional information is available at this time.  Please continue to track the Federal Business Opportunity (FBO) at www.fbo.gov for any future opportunities.”  Id.  After cancellation, the agency amended the minimum qualification requirements under the capabilities and organizational experience element of the technical evaluation factor.  COS at 0001. On June 18, the agency reissued the solicitation as RFQ-0009.  AR, Tab 7, RFQ-0009 FedBizOpps Notice, at 0201-0202.  This solicitation was posted to FedBizOpps with the same title as RFQ-0007, “Foreclosure Legal Services and Related Technical Support for the State of Florida.”  Compare AR, Tab 3, RFQ-0007 FedBizOpps Notice, at 0090 with AR, Tab 7, RFQ-0009 FedBizOpps Notice, at 0201.  RFQ-0009 closed on July 3; 10 quotations were received in response to solicitation RFQ-0009.  COS at 0005. On July 25, a representative of Boswell contacted the contracting officer for RFQ-0007 to inquire about the status of the solicitation.  Protest at 2.  According to Boswell, the contracting officer advised that solicitation RFQ‑0009 was issued on June 18and had closed on July 3.  Id.  The contracting officer then directed Boswell’s representative to search the FedBizOpps website for the posting, at which time Boswell located RFQ‑0009 in the archived solicitations.[3]  Id.