Qwest Government Services, Inc. d/b/a CenturyLink QGS (RFQ1335753)

B-418649,B-418649.2,B-418649.3 Jul 14, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights CenturyLink QGS, of Monroe, Louisiana, protests the issuance of task orders to Verizon Business Network Services, Inc. (Verizon), of Ashburn, Virginia, and AT&T Corp., of Oakton, Virginia, by the Department of Commerce (DOC), under request for quotations (RFQ) No. 1335753 for telecommunications, networking services, and associated support. CenturyLink argues that the agency conducted unequal discussions; deviated from the terms of the solicitation and engaged in disparate treatment in evaluating price quotations; made an unreasonable best-value tradeoff decision; and that the awarded task orders should be vacated because they violate applicable regulations. We deny the protest in part and dismiss it in part. 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:  Qwest Government Services, Inc. d/b/a CenturyLink QGS File:  B-418649; B-418649.2; B-418649.3 Date:  July 14, 2020 Shelly L. Ewald, Esq., and Emily C. Brown, Esq., Watt Tieder Hoffar & Fitzgerald, LLP, for the protester. Jonathan M. Baker, Esq., Christian N. Curran, Esq., Sean K. Griffin, Esq., and Rina M. Gashaw, Esq., Crowell & Moring LLP, for AT&T Corp.; Alexander B. Ginsberg, Esq., John E. Jensen, Esq., Meghan D. Doherty, Esq., and Robert Starling, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Verizon Business Network Services, Inc., the intervenors. Jeremiah Kline, Esq., Department of Commerce, for the agency. John Sorrenti, Esq., Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the agency conducted unequal discussions is denied where the record shows the agency engaged in clarifications, not discussions. 2.  Protest that agency deviated from the terms of the solicitation and engaged in disparate treatment in evaluating price quotations by accepting an awardee’s allegedly incomplete quotation while finding protester’s quotation deficient is denied where the record shows that the agency’s decision to accept the awardee’s quotation was consistent with the terms of the solicitation, and the different treatment of the vendors resulted from a difference in the quotations. 3.  Protester is not an interested party to otherwise challenge the agency’s price evaluation, the best-value tradeoff decision, or the awarded task orders where protester would not be in line for award because the agency reasonably determined that the protester’s price quotation was defective and therefore ineligible for award. DECISION CenturyLink QGS,[1] of Monroe, Louisiana, protests the issuance of task orders to Verizon Business Network Services, Inc. (Verizon), of Ashburn, Virginia, and AT&T Corp., of Oakton, Virginia, by the Department of Commerce (DOC), under request for quotations (RFQ) No. 1335753 for telecommunications, networking services, and associated support.  CenturyLink argues that the agency conducted unequal discussions; deviated from the terms of the solicitation and engaged in disparate treatment in evaluating price quotations; made an unreasonable best-value tradeoff decision; and that the awarded task orders should be vacated because they violate applicable regulations. We deny the protest in part and dismiss it in part. BACKGROUND The agency issued the RFQ on October 16, 2018, under the General Services Administration's (GSA) Enterprise Infrastructure Solutions (EIS) multiple-award indefinite-delivery, indefinite-quantity (IDIQ) governmentwide acquisition contract using the procedures of Federal Acquisition Regulation (FAR) subpart 16.5.  Agency Report (AR), Tab 1, RFQ at 1.[2]  The procurement is for the consolidation and transition of “telecommunication services, networking infrastructure and [information technology (IT)] services supporting the DOC’s mission critical applications.”  Id. at 28.  These services were previously acquired through multiple GSA and commercial sources and this procurement sought to consolidate the services under the EIS contract.  Id. at 27.  The services are to be provided to all existing DOC locations, and any future sites, with the exception of the National Oceanic and Atmospheric Administration.[3]  Id. at 30. The RFQ stated that the agency intended to award task orders for six different task areas, which could be bid on separately or together.[4]  Id. at 30.  The RFQ contemplated that the agency would award separate task orders for each task area or multiple task orders within each task area.[5]  Id. at 149.  Award would be made using a best-value tradeoff approach considering the following evaluation factors:  (1) technical; (2) past performance; and (3) cost/price.  Id.