Not a Lexis+ subscriber? Try it out for free.

Experience a New Era in Legal Research with Free Access to Lexis+

2020 U.S. Comp. Gen. LEXIS 277

Comptroller General of the United States

September 8, 2020

B-418556.3

Opinion

DECISION

Qwest Government Services, Inc., d/b/a CenturyLink QGS (CenturyLink), of Monroe, Louisiana, protests the scope of the agency's corrective action, following its prior protest of the issuance of a task order to Manhattan Telecommunications, Inc. (MetTel), of New York, New York, under request for task order proposals (RFTOP) No. 3610A19R0003, issued by the Department of Veterans Affairs (VA), for voice services. The protester argues that the VA's planned corrective action would result in the disparate and unequal treatment of offerors.

We deny the protest.

BACKGROUND

On June 19, 2019, the agency issued the RFTOP to holders of the General Services Administration's (GSA) Enterprise Infrastructure Solutions [*2]  (EIS) multiple-award indefinite-delivery indefinite-quantity (IDIQ) government-wide acquisition contract, for the delivery of "voice (telephone), transport, and associated supporting services that include installation and maintenance across multiple sites in the United States and its territories." Contracting Officer's Statement (COS) at 1. The solicitation contemplated the issuance of a single, fixed-price with economic price adjustment task order, with a four-month base period of performance, and multiple option periods that could extend performance through the year 2032. Agency Report (AR), Tab 5O, Amended RFTOP, Jan. 3, 2020, at 66, 104. The solicitation advised that award would be made to the offeror whose proposal represented the best value to the agency, considering price and other factors. Id. at 114. In addition to price, proposals were to be evaluated based on the following factors: technical; oral presentation; past performance; and veterans involvement. Id.

As relevant to the issues raised, the VA's RFTOP required proposals to comply with provisions found in GSA's EIS contract, to include section G.3.2.5, concerning the authorization of orders. Id. at 111. This section provides that an [*3]  EIS contract holder may compete for an agency task order--even if it does not have all of the agency-required services included on its EIS contract--if the contractor, at the time of its task order proposal submission, submits to GSA a modification adding the missing services (and the associated pricing) to its EIS contract. 1 See GSA EIS IDIQ Contract No. GS00Q17NSD3009 (EIS Contract), at 10-11, § G.3.2.5. Section G.3.2.5 goes on to specifically state that contractors are prohibited from accepting a task order for services that are not on their EIS contract (i.e., until GSA has processed the EIS contract modifications and added the to-be-performed services, and their related pricing, to a firm's EIS contract). Id. ("The contractor shall not accept a [task order] or service order or provision services not on its contract.").

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2020 U.S. Comp. Gen. LEXIS 277 *

Matter of: CenturyLink QGS

CORE TERMS

modifications, protest, offerors, unequal, revise, contractor, disparate, solicitation, procuring, modify, confirm