Quasar Global Technologies, Inc.

B-418007 Oct 30, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Quasar Global Technologies, Inc. (Quasar), a service-disabled veteran-owned small business (SDVOSB) concern located in Lancaster, Pennsylvania, protests the Department of Veterans Affairs' (VA) evaluation of its technical quotation under request for quotations (RFQ) No. 36C24419Q0681 (RFQ 0681), for triennial breaker testing at the VA Pittsburgh Medical Center, and the VA's decision to cancel the RFQ, a set-aside for SDVOSBs. Quasar also challenges the agency's decision to procure the requirement on an unrestricted basis under RFQ No. 36C24419Q0974 (RFQ 0974), and to award the contract to ABM Electrical Power Solutions, LLC. We dismiss the protest. View Decision Decision Matter of:  Quasar Global Technologies, Inc. File:  B-418007 Date:  October 30, 2019 Jarl G. Ferko for the protester. David R. Johnson, Esq., and John M. Satira, Esq., Vinson & Elkins LLP, for ABM Electrical Power Solutions, LLC, the intervenor. Kimberly Kegowicz, Esq., Department of Veterans Affairs, for the agency. Kasia Dourney, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the evaluation of a protester’s quotation as technically unacceptable, and alleging that an agency improperly decided to cancel a solicitation set aside for service-disabled veteran-owned small business concerns and procure the requirement on an unrestricted basis, is dismissed when the protest is untimely and the protester is not an interested party to challenge the procurement. DECISION Quasar Global Technologies, Inc. (Quasar), a service-disabled veteran-owned small business (SDVOSB) concern located in Lancaster, Pennsylvania, protests the Department of Veterans Affairs’ (VA) evaluation of its technical quotation under request for quotations (RFQ) No. 36C24419Q0681 (RFQ 0681), for triennial breaker testing at the VA Pittsburgh Medical Center, and the VA’s decision to cancel the RFQ, a set-aside for SDVOSBs.  Quasar also challenges the agency’s decision to procure the requirement on an unrestricted basis under RFQ No. 36C24419Q0974 (RFQ 0974), and to award the contract to ABM Electrical Power Solutions, LLC.  We dismiss the protest. BACKGROUND On May 22, 2019, the agency posted RFQ 0681 on the Federal Business Opportunities (FBO) website, as a set-aside for SDVOSBs.  Request for Dismissal, exh. 1, Contracting Officer’s Statement (COS) at 1.  The solicitation sought proposals for maintenance and testing of the triennial electrical power distribution system at the VA hospital in Pittsburgh.  The procurement was conducted as a simplified acquisition under Federal Acquisition Regulation (FAR) part 13. On June 25, 2019, the closing date for quotations, at 6:09 pm, Quasar--an incumbent on the current triennial breaker testing contract--contacted the agency and requested an extension of the closing date, which the agency granted.  Request for Dismissal, exh. 2 at 1-2; COS at 4.  The protester submitted its quotation the following day.  After evaluating the three quotations received in response to the solicitation, including Quasar’s, the contracting officer (CO) determined that none of the quotations was technically acceptable.  COS at 2.  The CO notified all three vendors on August 1, 2019, that no award would be made under the solicitation.  Request for Dismissal, exh. 3 at 1.  The protester requested a “debriefing,”[1] in response to which the contract specialist provided a brief explanation of the award via email on August 12, 2019.  Id. at 3-4.  Subsequently, the contracting office conducted additional market research and concluded that the nature of the work made it unsuitable for any type of small business set-aside, and that the services should be procured on an unrestricted basis.  Request for Dismissal, exh. 4 at 1-6, 16-17.  Next, the contracting office sought and received approval to issue an unrestricted solicitation for the requirement.[2]  Id. at 16-17.  On August 13, the agency posted RFQ 0974 on the FBO website as an unrestricted procurement for the triennial breaker testing.  Request for Dismissal, exh. 5. On August 14 and 15, the protester called the branch chief of the contracting office to discuss the technical evaluation of its quotation under RFQ 0681.  COS at 3.  On August 15, Quasar emailed the contracting office with additional information about its company.  Request for Dismissal, exh. 5.  The protester again contacted the branch chief to discuss the technical acceptability of its previously submitted quotation on September 3.  Id. at 2.  The protester did not, however, submit a quotation under the unrestricted solicitation (RFQ 0974) by the August 29, 2019 closing date.  COS at 4.   On September 16, the agency awarded the contract under RFQ 0974 to ABM Electrical Power Solutions, LLC, a large business.  Request for Dismissal, exh.