Vinsys information Technology, Inc. (RFQ159139)
Case: B-418892
Agency: Department of Labor
Protester: Vinsys information Technology, Inc.
Date: 2020-09-28
Denied In Part
B-418892
Sep 28, 2020
Jump To
VIEW DECISION
DOWNLOADS
RELATED PAGES
GAO CONTACTS
Highlights
Vinsys Information Technology, Inc., a small disadvantaged business of Reston, Virginia, protests the cancellation of request for quotations (RFQ) No. 1605TB-20-Q-00005 and subsequent resolicitation under RFQ No. 1605TB-20-Q-00031, issued by the Department of Labor (DOL) for information technology (IT) maintenance and support services. The protester argues that the agency's decision to cancel the initial RFQ and resolicit under another acquisition vehicle, rather than make award to the protester, was unreasonable.
We deny the protest in part and dismiss it in part.
View Decision
Decision
Matter of: Vinsys Information Technology, Inc.
File: B-418892
Date: September 28, 2020
Sreedhar Chanamolu, Vinsys Information Technology, Inc., for the protester.
Jose Otero, Esq., Department of Labor, for the agency.
Heather Self, Esq., and Peter Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging cancellation of request for quotations is denied because the agency had a reasonable basis for the cancellation.
2. Protest challenging resolicitation, on an unrestricted basis, as improper is dismissed because the resolicitation is in connection with the proposed issuance of a task order that fails to meet the dollar threshold for our Office’s task order jurisdiction.
DECISION
Vinsys Information Technology, Inc., a small disadvantaged business of Reston, Virginia, protests the cancellation of request for quotations (RFQ) No. 1605TB-20-Q-00005 and subsequent resolicitation under RFQ No. 1605TB-20-Q-00031, issued by the Department of Labor (DOL) for information technology (IT) maintenance and support services. The protester argues that the agency’s decision to cancel the initial RFQ and resolicit under another acquisition vehicle, rather than make award to the protester, was unreasonable.
We deny the protest in part and dismiss it in part.
BACKGROUND
On June 8, 2020, utilizing the procedures of Federal Acquisition Regulation (FAR) part 8, the agency issued a brand-name only solicitation on the General Services Administration’s (GSA) Federal Supply Schedule (FSS), seeking quotations from authorized Citrix reseller small business holders of GSA’s Schedule 70 (IT) contracts. Contracting Officer’s Statement (COS) at 2 ¶¶ 8, 11-12; Agency Report (AR), exh. 1, RFQ No. 1605TB-20-Q-00005 (GSA RFQ) at 1; GSA RFQ attach. A, Limited Source Justification at 1. The solicitation sought quotations for maintenance and support services for an existing consolidated inventory of a variety of Citrix IT products, which are a part of the agency’s remote access infrastructure. GSA RFQ at 6-7. The solicitation contemplated issuance of a fixed-price order for a 1-year base period and one 1-year option period to the vendor submitting the lowest-priced, technically acceptable quotation. Id. at 6.
The agency received two quotations by the GSA RFQ’s June 15 due date--one from Vinsys and one from a second vendor.[1] COS at 3 ¶ 15. The agency evaluated the second vendor’s quotation as the lowest-priced technically acceptable, and on June 25 issued an order to the second vendor in an amount approximately four percent below the independent government cost estimate (IGCE). Id. at 2 ¶ 10, 3 ¶¶ 18-20. After the order was issued to the second vendor, Vinsys contacted DOL to inform the agency that the second vendor was not an authorized Citrix reseller under its FSS Schedule 70 contract. AR, exh. 6, Email from Protester to Agency, June 29, 2020. Following confirmation from the GSA contracting officer that the second vendor lacked the requisite services on its Schedule 70 contract, the agency cancelled the issued order. COS at 4 ¶¶ 23-24; AR, exh. 7, Email from GSA to Agency, July 2, 2020; exh. 9, Email from Agency to Second Vendor, July 6, 2020.
Termination of the order issued to the second vendor resulted in only Vinsys’s quotation remaining in consideration under the GSA RFQ. COS at 4 ¶ 25. Vinsys quoted a price approximately eleven percent higher than the IGCE. COS at 2 ¶ 10, 3 ¶ 19, 4 ¶ 25. The contracting officer conducted additional market research on the availability of the required Citrix services through the FSS, and found that only one vendor--a subsidiary of ImmixGroup--is authorized to offer Citrix products and services through GSA’s Schedule 70, and that vendor does so either directly or through a resale partner, such as Vinsys. Id. at 4 ¶ 26-27; see AR, exh.
Full decision text continues on ProtestIntel...