Alphapointe

B-417834 Sep 04, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Alphapointe, of Kansas City, Missouri, protests the award of a contract to Quality Innovation, Inc., a service-disabled veteran-owned small business (SDVOSB) concern of Austin, Texas, under solicitation No. 36C-25519-Q-00004, issued by the Department of Veteran Affairs (VA), for switchboard telephone operator services for the Kansas City VA Medical Center. The protester argues that the award of the contract to a SDVOSB was improper because the agency failed to conduct a "Rule of Two" analysis to determine where there are two or more qualified SDVOSBs capable of performing the work under the contract in accordance with the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the Veterans Benefits Act), 38 U.S.C. §§ 8127-8128. 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:  Alphapointe File:  B-417834 Date:  September 4, 2019 Dana Pashkoff, Esq., and Jessica Abrahams, Esq., Drinker Biddle & Reath, LLP, for the protester. Aron C. Beezley, Esq., Patrick R. Quigley, Esq., Lisa A. Markman, Esq., and Sarah S. Osborne, Esq., Bradley Arant Boult Cummings LLP, for Quality Innovation, Inc., the intervenor. Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging award of contract to a service-disabled veteran-owned small business (SDVOSB) concern is dismissed as an untimely challenge to the agency’s decision to issue the solicitation as a total SDVOSB set-aside where:  (1) the protester alleges that the agency failed to conduct a “Rule of Two” analysis in accordance with the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128, and (2) the protest was filed after closing of the solicitation. DECISION Alphapointe, of Kansas City, Missouri, protests the award of a contract to Quality Innovation, Inc., a service-disabled veteran-owned small business (SDVOSB) concern of Austin, Texas, under solicitation No. 36C-25519-Q-00004, issued by the Department of Veteran Affairs (VA), for switchboard telephone operator services for the Kansas City VA Medical Center.  The protester argues that the award of the contract to a SDVOSB was improper because the agency failed to conduct a “Rule of Two” analysis to determine where there are two or more qualified SDVOSBs capable of performing the work under the contract in accordance with the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the Veterans Benefits Act), 38 U.S.C. §§ 8127‑8128.[1] We dismiss the protest. BACKGROUND The AbilityOne program is administered by the Committee for Purchase from People Who Are Blind or Severely Disabled (Committee), and implements the Javits-Wagner-O’Day (JWOD) Act, 41 U.S.C. §§ 8501-8506 by providing employment opportunities through the award of federal contracts, for people who are blind or have other severe disabilities.  41 C.F.R. § 51-1.3.  The JWOD Act grants the Committee the exclusive authority to establish and maintain a procurement list of supplies and services provided by qualified non-profit agencies for the blind or disabled under the AbilityOne program.  41 U.S.C. §§ 8502(a), 8503(a); FAR subpart 8.7.  Federal agencies are required to obtain all supplies and services that are on the Procurement List from a central nonprofit agency (CNA) or its designated AbilityOne participating nonprofit agencies (NPA).  FAR § 8.705-1(a).  Agencies are also “not permitted to purchase commercial items that are essentially the same as commodities on the Procurement List.”  41 C.F.R. § 51-6.13(c).  National Industries for the Blind (NIB) is designed by AbilityOne as a CNA that is charged with performing various functions in furtherance of the JWOD Act.  41 C.F.R. § 51-6.13(c); 41 C.F.R. § 51‑3.1(a).  As a CNA, NIB is responsible for distributing orders from federal agencies for products on the Procurement List among NIB’s associated state and local nonprofit agencies servicing the blind.[2]  41 C.F.R. § 51-3.2.  Telephone switchboard operator services for the Kansas City VA Medical Center have been--and still remain--on the Procurement List since 2003.  68 Fed. Reg. 62052 (Oct. 31, 2003).  Since 2003 and prior to the issuance of solicitation No.