DILTEX Inc. (47QSEA-23-Q-0018)

B-422434 Jun 17, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Diltex, Inc., a small business located in West Covina, California, protests the establishment of a blanket purchase agreement (BPA) with Access Products, Inc., a small business of Colorado Springs, Colorado, under request for quotations (RFQ) No. 47QSEA-23-Q-0018, issued by the General Services Administration (GSA), Federal Acquisition Service, for general purpose commercial information technology equipment. The RFQ sought to establish multiple BPAs with vendors holding contracts under GSA Multiple Award Schedule special item number (SIN) 33411, for purchasing of new electronic equipment. The protester contends that the quotation of Access Products failed to comply with the terms of the solicitation. The protester also challenges the agency's determination that GSA was prohibited from establishing a BPA with Diltex because the BPA would extend beyond the current term of Diltex's GSA schedule contract. We deny the protest in part and dismiss the protest in part. View Decision Decision Matter of: Diltex, Inc. File: B-422434 Date: June 17, 2024 Dil Singh for the protester. Robert Roth for Access Products, Inc., an intervenor. Kristen M. Nowadly, Esq., General Services Administration, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency’s determination that protester’s quotation was ineligible for establishment of a blanket purchase agreement (BPA) is denied where the record reflects that the BPA would extend beyond the current term of the protester’s General Services Administration (GSA) schedule contract. 2. Protester is not an interested party to challenge the agency’s establishment of a BPA with another vendor where the BPA was to be issued under a vendor’s GSA schedule contract and the protester’s schedule contract lacked a sufficient remaining period of performance to cover the potential duration of the anticipated BPA. DECISION Diltex, Inc., a small business located in West Covina, California, protests the establishment of a blanket purchase agreement (BPA) with Access Products, Inc., a small business of Colorado Springs, Colorado, under request for quotations (RFQ) No. 47QSEA-23-Q-0018, issued by the General Services Administration (GSA), Federal Acquisition Service, for general purpose commercial information technology equipment. The RFQ sought to establish multiple BPAs with vendors holding contracts under GSA Multiple Award Schedule special item number (SIN) 33411, for purchasing of new electronic equipment.[1] The protester contends that the quotation of Access Products failed to comply with the terms of the solicitation. The protester also challenges the agency’s determination that GSA was prohibited from establishing a BPA with Diltex because the BPA would extend beyond the current term of Diltex’s GSA schedule contract. We deny the protest in part and dismiss the protest in part. BACKGROUND On June 7, 2023, GSA posted the RFQ on GSA’s e-buy website to vendors holding contracts under GSA’s Multiple Award Schedule SIN 33411. Protest, exh. 3, RFQ at 1.[2] Using the procedures of Federal Acquisition Regulation (FAR) subpart 8.4, the RFQ sought to establish BPAs for information technology (IT) hardware, including laptop and desktop computers, rugged tablets, single and multi-function printers, radio equipment, and monitors. Id. at 2. The solicitation was set aside for small businesses and anticipated the establishment of multiple BPAs contemplating the issuance of fixed‑priced task orders for a base year and four 1-year options, for a total possible performance period of 60 months. Id. at 12. If all available options are exercised, the BPAs’ period of performance would extend through March 10, 2029. Id.; Contracting Officer’s Statement (COS) at 4. A BPA was to be established with the first and second lowest-price technically acceptable vendors by contract item line number (CLIN) for each original equipment manufacturer (OEM). RFQ at 52. In response to the solicitation, GSA received timely quotations from ten vendors, including Diltex. Protest, exh. 4, Unsuccessful Offeror Notice at 1. Due to administrative issues, GSA repeatedly asked vendors to extend the valid period for their quotations.[3] COS at 2. On February 28, 2024, GSA emailed all vendors to request a final quotation extension until March 21, 2024. Id. After evaluating quotations, the agency determined that six vendors provided the first and second lowest-priced technically acceptable quotations by OEM and selected those vendors for establishment of the BPAs.[4] The agency advised Diltex on March 6 that it had not been selected for establishment of a BPA. Protest, exh. 4, Unsuccessful Offeror Notice.