Alliance Technology Group LLC (HC1085012882)

B-418558 Jun 16, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Alliance Technology Group, LLC (Alliance) of Hanover, Maryland, protests the cancellation of request for quotations (RFQ) No. HC108594841 (original RFQ) by the Defense Information System Agency (DISA) for brand name or equal Endace equipment and support necessary to meet the solicitation's Full Packet Capture requirements. The protester challenges the agency's failure to implement the corrective action proposed in a prior protest and argues that the cancellation of the original RFQ and subsequent issuance of a new RFQ is a pretext to avoid resolving its prior 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 redacted version has been approved for public release. Decision Matter of:  Alliance Technology Group, LLC File:  B-418558 Date:  June 16, 2020 Thomas K. David, Esq., Kenneth D. Brody, Esq., and Katherine A. David, Esq., David, Brody & Dondershine, LLP, for the protester. Anthony J. Balestreri, Esq., and Dan C. McIntosh, Esq., Defense Information System Agency, for the agency. Raymond Richards, Esq., Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  GAO has jurisdiction to review a protest challenging an agency’s cancellation of a solicitation for a task order valued above the statutory dollar threshold for resolving bid protests, even where the subsequently-issued solicitation falls below the threshold for GAO’s task order jurisdiction. 2.  Protest challenging an agency’s cancellation of a solicitation as a pretext to avoid resolving a prior protest is denied where the agency demonstrates a reasonable basis for its decision to cancel. DECISION   Alliance Technology Group, LLC (Alliance) of Hanover, Maryland, protests the cancellation of request for quotations (RFQ) No. HC108594841 (original RFQ) by the Defense Information System Agency (DISA) for brand name or equal Endace equipment and support necessary to meet the solicitation’s Full Packet Capture requirements.  The protester challenges the agency’s failure to implement the corrective action proposed in a prior protest and argues that the cancellation of the original RFQ and subsequent issuance of a new RFQ is a pretext to avoid resolving its prior protest. We deny the protest. BACKGROUND The original RFQ was issued on April 30, 2019, as a small business set‑aside under the National Aeronautics and Space Administration’s (NASA) Solutions for Enterprise‑Wide Procurement (SEWP) governmentwide acquisition contract (GWAC).  Protest at 4; Agency Report (AR), Tab 1, Original RFQ at 1.  The original RFQ contemplated the issuance of a fixed‑price task order to the vendor submitting the lowest‑priced, technically acceptable quotation prepared in accordance with the vendor’s NASA SEWP contract.  Original RFQ at 2‑3.  The original RFQ sought quotations for the procurement of brand name or equal Endace equipment and support necessary to meet the agency’s Full Packet Capture (FPCAP) requirements.[1]  Id. at 1; see also AR, Tab 1C, attach. 3, Salient Characteristics at 1‑5.  Quotations were due on June 19, 2019.  Original RFQ at 1.  Alliance submitted a timely quotation in response to the original RFQ.  Protest at 5.  On July 17, DISA issued a $40.8 million task order to a vendor other than Alliance.  COS/MOL at 3; Protester Resp., Apr. 21, 2020, at 2.  On July 18, DISA notified Alliance that it was not selected for award because Alliance’s proposal failed to meet two of the salient characteristics.  Protest at 5.  In response, the protester requested a comprehensive debriefing, and on August 5, Alliance filed a protest with our Office, challenging the agency’s evaluation of its quotation.  Id.  On August 16, DISA filed a notice of corrective action proposing to reevaluate quotations and make a new award decision.  AR, Tab 2, Notice of Corrective Action, Aug. 16, 2019, at 1.  Alternatively, the agency stated that if it was determined to be in the best interest of the government, the agency would open discussions with vendors remaining in the competitive range and request final revised quotations.  Id.  Given the proposed corrective action, the agency requested that the protest be dismissed.[2]  Id. at 1‑2.  On August 22, our Office dismissed the protest as academic.  Alliance Tech.