NCS Technologies, Inc.

B-416936 Jan 11, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights NCS Technologies, Inc. (NCS), of Gainesville, Virginia, protests the issuance of a delivery order to FCN, Inc., of Rockville, Maryland, by the Department of the Treasury, Internal Revenue Service (IRS), under request for quotations (RFQ) No. 5000032988, for personal computers. NCS protests that the agency improperly relaxed mandatory technical requirements in making award to FCN. 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 redacted version has been approved for public release. Decision Matter of:  NCS Technologies, Inc. File:  B-416936 Date:  January 11, 2019 Thomas K. David, Esq., Kenneth D. Brody, Esq., and Katherine A. David, Esq., David, Brody & Dondershine, LLP, for the protester. Craig A. Holman, Esq., Dana E. Koffman, Esq., and Michael E. Samuels, Esq., Arnold & Porter Kaye Scholer LLP, for FCN, Inc., the intervenor. Richard L. Hatfield, Esq., Kelly Zeng, Esq., and Holly H. Styles, Esq., Department of the Treasury, for the agency. John Sorrenti, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester lacks the requisite legal interest to challenge the agency’s award decision where protester would not be next in line for award even if its protest were sustained. DECISION NCS Technologies, Inc. (NCS), of Gainesville, Virginia, protests the issuance of a delivery order to FCN, Inc., of Rockville, Maryland, by the Department of the Treasury, Internal Revenue Service (IRS), under request for quotations (RFQ) No. 5000032988, for personal computers.  NCS protests that the agency improperly relaxed mandatory technical requirements in making award to FCN. We dismiss the protest. BACKGROUND Pursuant to a policy issued by the Office of Management and Budget (OMB), the IRS must fulfill a majority of its computer requirements using one of several standardized computer configurations referred to as government-wide strategic solutions (GSS).  Agency Report (AR), Tab 2, Contracting Officer Statement (COS), at 2.  The OMB policy also requires that the IRS acquire GSS-configured computers through one of three governmentwide acquisition contracts (GWACs):  (1) National Aeronautics and Space Administration (NASA) solutions for enterprise-wide procurement (SEWP); (2) General Services Administration information technology schedule 70; and (3) National Institutes of Health Information Technology Acquisition and Assessment Center Chief Information Officer Commodities and Solutions.[1]  Id.  For this procurement, the IRS used the NASA SEWP solution.[2]  AR, Tab 7D, Award Decision Document, at 1. The RFQ, issued on August 29, 2018, anticipated the award of a fixed-price delivery order for laptop computers.  RFQ at 1, 3.  The RFQ stated that the procurement “will use laptop configuration of GSS version 4” and listed the relevant minimum specifications that the laptops were required to meet.  Id. at 3-4.  The GSS version 4 laptop configuration requirements are the same across the three GWACs identified above, and the requirements in the RFQ were pulled directly from the NASA SEWP website.[3]  COS at 2.  As relevant to this protest, the specifications for the computer’s central processing unit (CPU) required it to be the latest general processor technology and have specific, identified characteristics.  RFQ at 3-4. The agency sought to purchase 42,103 laptops with an option for 2,688 additional laptops.  Id. at 3.  To respond to the RFQ, vendors had to submit for their proposed laptop the part number, list price, any applicable discount, and provide an extended price.  Id. at 1.  The RFQ provided for award on the basis of the lowest-price technically acceptable (LPTA) quotation.[4]  Id. at 1.  To be technically acceptable, the laptops had to meet all of the GSS version 4 requirements and specifications identified in the RFQ.  Id.