Cellco Partnership dba Verizon Wireless (DJF-19-2000-PR-0002965)

Case: B-418155 Agency: Department of Justice : Federal Bureau of Investigation Protester: Cellco Partnership dba Verizon Wireless Date: 2020-11-05 Denied
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B-418155.4,B-418155.5 Nov 05, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Cellco Partnership d/b/a Verizon Wireless, of Basking Ridge, New Jersey, protests the issuance of a blanket purchase agreement (BPA) to AT&T Mobility, LLC, of Hanover, Maryland, under request for quotations (RFQ) No. DJF-19-2000-PR-0002965, which was issued by the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), for wireless voice and data telecommunication services. The protester asserts that the agency conducted flawed price and technical evaluations, and evaluated quotations unequally. 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 redacted version has been approved for public release. Decision Matter of:  Cellco Partnership dba Verizon Wireless File:  B-418155.4; B-418155.5 Date:  November 5, 2020 Jason A. Carey, Esq., Kayleigh M. Scalzo, Esq., Evan R. Sherwood, Esq., Peter B. Terenzio III, Esq., and Brooke G. Stanley, Esq., Covington & Burling, LLP, for the protester. Jonathan M. Baker, Esq., Daniel R. Forman, Esq., Olivia L. Lynch, Esq., and Rina M. Gashaw, Esq., Crowell & Moring LLP, for the intervenor. Michael Giordano, Esq., Jessica Lane Day, Esq., and Catherine Chen, Esq., Department of Justice, for the agency. Stephanie B. Magnell, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the awardee’s proposed price could not include all of the items required under the solicitation is denied, where the protester in essence contends that the agency should have performed a price realism evaluation, but no such evaluation was provided for or permitted under the solicitation. 2.  Protest challenging an agency’s technical evaluation is denied where the agency’s evaluation was reasonable and consistent with the terms of the solicitation. 3.  Protest alleging the agency’s evaluation of vendors’ technical and management quotations was unequal and disparate is denied where the protester’s assertions are not supported by the record. DECISION Cellco Partnership d/b/a Verizon Wireless, of Basking Ridge, New Jersey, protests the issuance of a blanket purchase agreement (BPA) to AT&T Mobility, LLC, of Hanover, Maryland, under request for quotations (RFQ) No. DJF-19-2000-PR-0002965, which was issued by the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), for wireless voice and data telecommunication services.  The protester asserts that the agency conducted flawed price and technical evaluations, and evaluated quotations unequally.  We deny the protest.  BACKGROUND On May 23, 2019, the FBI issued the RFQ to AT&T, T-Mobile, and Verizon under information technology schedule 70 of the General Services Administration’s Federal Supply Schedule (FSS), in accordance with the procedures of Federal Acquisition Regulation (FAR) 8.405.  RFQ at 2; AR, Tab 13, Quotation Evaluation Board (QEB) Report at 2.[1]  The agency intended to establish a fixed-unit-price single-award BPA with a 12-month base year and four 12-month option periods for comprehensive wireless voice and data telecommunication services, including pooled rate plans and devices.  RFQ at 2.  The agency anticipated requiring 70,000 lines, inclusive of handsets, air cards, and modems, within the first year.  Id. at 3.  The maximum aggregate value of orders that could be placed under the BPA was $300 million.  Id. at 2.  Verizon and AT&T submitted timely quotations by the initial due date of July 22.  AR, Tab 13, QEB Report at 3. On September 30, the FBI issued the BPA to Verizon.  Id.  On October 10, AT&T protested that issuance with our Office.  Id.  We dismissed AT&T’s protest as academic after the FBI advised our Office of its intent to take corrective action by reevaluating quotations and making a new award decision.  AT&T Mobility, LLC, B‑418155, B‑418155.2, Nov. 15, 2019 (unpublished decision). On February 21, 2020, after completing corrective action, the FBI again selected Verizon, and on March 2, AT&T again protested the issuance of the BPA at our Office.  AR, Tab 13, QEB Report at 3.  On April 2, we dismissed AT&T’s second protest as academic after the FBI advised our Office of its intent to take corrective action by amending the solicitation and permitting the submission of revised quotations.  AT&T Mobility, LLC, B-418155.3, Apr. 2, 2020 (unpublished decision).  After the agency revised the solicitation, AT&T and Verizon submitted revised quotations prior to the new deadline of June 15.  AR, Tab 13, QEB Report at 3. The RFQ contemplated issuance of the BPA based on a best-value tradeoff determination, considering the following factors in descending order of importance:  technical approach, supply chain risk management (SCRM), past performance, management, security, and price.  RFQ at 55.

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