GBK Partnership, LLC-Constant Associates, Inc.

Case: B-417039 Agency: Environmental Protection Agency Protester: GBK Partnership, LLC-Constant Associates, Inc. Date: 2019-01-24 Denied
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B-417039 Jan 24, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights GBK Partnership, LLC-Constant Associates, Inc., a small business contractor teaming arrangement, of Oklahoma City, Oklahoma, challenges the exclusion of its quotation submitted under request for quotations No. 68HE0C18Q0084, which was issued by the Environmental Protection Agency (EPA), to establish a blanket purchase agreement (BPA) under the General Services Administration (GSA) Professional Services Federal Supply Schedule (FSS) No. 00CORP for environmental training and consulting services. The protester argues that the EPA improperly excluded its quotation on the basis that GBK's FSS contract has insufficient potential options to cover the BPA's entire potential period of performance. 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 version has been approved for public release. Decision Matter of:  GBK Partnership, LLC-Constant Associates, Inc. File:  B-417039 Date:  January 24, 2019 Edward J. Tolchin, Esq., Offit Kurman P.A., for the protester. Jeffrey M. Herrema, Esq., and Kenneth Pakula, Esq., Environmental Protection Agency, and Jennifer L. Howard, Esq., General Services Administration, for the agencies. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the exclusion of the protester’s quotation from the competition is denied where the procuring agency reasonably found that the protester was ineligible for award where its Federal Supply Schedule contract included an insufficient period of performance to cover the potential duration of the anticipated blanket purchase agreement. DECISION GBK Partnership, LLC-Constant Associates, Inc., a small business contractor teaming arrangement, of Oklahoma City, Oklahoma, challenges the exclusion of its quotation submitted under request for quotations (RFQ) No. 68HE0C18Q0084, which was issued by the Environmental Protection Agency (EPA), to establish a blanket purchase agreement (BPA) under the General Services Administration (GSA) Professional Services Federal Supply Schedule (FSS) No. 00CORP for environmental training and consulting services.  The protester argues that the EPA improperly excluded its quotation on the basis that GBK’s FSS contract has insufficient potential options to cover the BPA’s entire potential period of performance. We deny the protest. BACKGROUND The RFQ, which was issued on August 10, 2018, to six small businesses, including GBK-Constant, under the FSS Professional Services Schedule, and subsequently amended four times, sought quotations for a BPA to provide environmental training and consulting services to the EPA Office of Water, Office of Ground Water and Drinking Water, Water Security Division.  The RFQ contemplated the establishment of a BPA, against which the agency can place fixed-price orders up to a not-to-exceed amount of $8 million.  RFQ, attach. No. 1, Blanket Purchase Agreement, at 3.  The anticipated BPA would include a base year, and four, 1-year options; if all available options are exercised, the BPA’s period of performance would extend through September 30, 2023.  RFQ at 1-2.  Relevant to the issues in this protest, the RFQ specified that:  “[t]he period of performance of this [BPA] shall be from the date of award or 10/01/2018 (whichever is later) through 09/30/2019 unless the optional periods are exercised in accordance with [Federal Acquisition Regulation (FAR) clause] 52.217-9.”  Id. at 31.[1] The BPA provides that it will be entered into between EPA and the contractor pursuant to FAR § 8.405-3, Blanket Purchase Agreements (BPAs), and the contractor’s applicable GSA FSS contract.  RFQ, attach. No.

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