Grant Thornton, LLC

B-416733 Nov 29, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Grant Thornton, LLC, of Alexandria, Virginia, challenges the terms of request for quotations (RFQ) No. HQ003418R0198, which was issued by the Department of Defense (DOD), Washington Headquarters Services, for auditing support services. The protester argues that the solicitation, which was issued under the Federal Supply Schedule (FSS) provisions of Federal Acquisition Regulation (FAR) subpart 8.4, is unduly restrictive of competition because it requires vendors to quote labor categories from their FSS contracts that "align precisely" with the minimum years of experience in the RFQ. We sustain the protest. We sustain 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:  Grant Thornton, LLC File:  B-416733 Date:  November 29, 2018 Alexander J. Brittin, Esq., Brittin Law Group, PLLC, and Jonathan D. Shaffer, Esq. and Mary Pat Buckenmeyer, Esq., Smith Pachter Mcwhorter PLC, for the protester. Stephan Piel, Esq., Department of Defense, and Sarah Park, Esq., General Services Administration, for the agencies. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging a solicitation's requirements for quoting labor categories from vendors' Federal Supply Schedule (FSS) contracts is sustained where the agency does not reasonably justify solicitation provisions that restrict the circumstances under which a vendor's FSS contract may be considered within the scope of the solicitation's requirements. DECISION Grant Thornton, LLC, of Alexandria, Virginia, challenges the terms of request for quotations (RFQ) No. HQ003418R0198, which was issued by the Department of Defense (DOD), Washington Headquarters Services, for auditing support services.  The protester argues that the solicitation, which was issued under the Federal Supply Schedule (FSS) provisions of Federal Acquisition Regulation (FAR) subpart 8.4, is unduly restrictive of competition because it requires vendors to quote labor categories from their FSS contracts that "align precisely" with the minimum years of experience in the RFQ. We sustain the protest. BACKGROUND DOD issued the RFQ on August 8, 2018, seeking quotations to provide audit support services for the Office of the Undersecretary of Defense (Comptroller).  Agency Report (AR), Tab 1, RFQ, at 1, 30; Performance Work Statement (PWS) at 152.[1]  The RFQ was issued under the FSS provisions of FAR subpart 8.4, and anticipates the establishment of up to four blanket purchase agreements (BPAs) with base periods of 1 year and four 1-year options.  AR, Tab 3, RFQ amend. 2, at 239, 253.  The estimated combined value of the BPAs is $240 million.  Id. at 239. The RFQ requires vendors to quote labor categories from their Professional Services Schedule or Schedule 70 FSS contracts for each labor category in the PWS.  Id. at 239, 248.  The solicitation's price evaluation factor requires vendors to quote labor categories that "align precisely" with the PWS labor categories, as follows: The PWS labor categories are defined in Attachment 1.3.  In accordance with applicable case law, the pricelist description of the corresponding FSS labor category must enumerate the qualifications and responsibilities contained in the definition of the PWS labor category.  See AllWorld Language Consultants, Inc., B-411481.3, Jan. 6, 2016, 2016 CPD ¶ 12 at 4; see also American Systems Consulting, Inc., B-294644, Dec. 13, 2004, 2004 CPD ¶ 247.  The pricelist description of the vendor's quoted FSS labor category must align precisely with the requirements of the corresponding PWS-defined labor category.  See AllWorld, B-411481.3 at 6. For example, the PWS-defined labor category of Systems Analyst IV requires 12 years of experience and a Master's degree.  To fill the services of the Systems Analyst IV, a vendor may not quote [an] FSS labor category that provides for only 10 years of experience and a Master's degree.  The vendor may not quote such labor category for the Systems Analyst IV even if the FSS pricelist description uses wording such [as] "minimum of 10 years," "10+ years," "at least 10 years," etc.  The minimum number of years of experience listed in the FSS pricelist description must be no less than the minimum number of years listed in the Attachment 1.3 definition of the PWS labor category. Id. at 248.