Protest of SSA BPA for laptops, workstations, peripheral equipment, and installation services dismissed

DIGEST – Protest is dismissed as untimely where it is essentially a request for reconsideration of a prior decision filed more than 10 days after the issuance of that decision.

BACKGROUND – On December 13, 2019, our Office issued a decision in the protest described above, concluding that New Tech was ineligible to receive the BPA at issue here.  NCS Techs., Inc., B‑417956, B‑417956.2, Dec. 13, 2019, 2019 CPD ¶ 427.  The decision discussed several reasons for finding that New Tech was ineligible for award and that the agency’s establishment of a BPA with New Tech was “improper and inconsistent with applicable procurement law and regulation.”  See id. at 5-11.  Specifically, the decision concluded that New Tech–which held two overlapping FSS contracts when it submitted its final revised quotation–was ineligible for award because its quotation was based on its first FSS contract “which did not meet the RFQ’s period of performance requirements[,] and because it could have, but did not, revise its quotation to be based on its second FSS contract.”  Id. at 11.

In sustaining the protest, the GAO decision stated:

We recommend that the agency cancel this BPA.  We also recommend that the agency evaluate the remaining quotations and make a new selection decision in accordance with the terms of the solicitation.  Alternatively, we recommend that the agency reopen the competition, provide clarification regarding [General Services Administration (GSA)] policy and procedure, request and evaluate final revised quotations, and make a new selection decision in accordance with the terms of the solicitation.

On January 30, 2020, more than 45 days after the decision was issued, the contract specialist for the underlying procurement sent a letter to New Tech.  The agency’s letter explained that, “based on the GAO’s decision, New Tech Solutions, Inc.[,] is no longer eligible for further consideration for award.”  Protest, exh. 1, Letter from Contract Specialist to New Tech, Jan. 30, 2020, at 1…

DECISION – New Tech Solutions, Inc., of Fremont, California, protests the elimination of its previously successful quotation from a competition held by the Social Security Administration.  The elimination of New Tech’s quotation followed our decision sustaining an earlier protest filed by another vendor, NCS Technologies, Inc., of Gainesville, Virginia, challenging the agency’s establishment of a blanket purchase agreement (BPA) with New Tech, under request for quotations No. 28321319Q00000008, for laptops, workstations, peripheral equipment, and installation services.  New Tech argues that the agency has now wrongly concluded, based on that decision, that New Tech’s BPA was based on a Federal Supply Schedule (FSS) contract that would expire during the BPA’s period of performance.

We dismiss the protest, as we conclude it, in essence, is an untimely request for reconsideration of our earlier decision.

Read the full 3-page decision here.


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