Proc 5860 Case 2

Title and Citation: US GAO Decision Matter of: Future Solutions, Inc. (FSI)

Facts of the Case:

Future Solutions Inc., (FSI) is protesting the award by the Environmental Protection theatrical performance (EPA) of a blanket purchase agreement (BPA) for office supplies in response to request for quotations (RFQ) No. DC-03-00233. FSI argued that the requirements should be set aside for small business concerns and that it was not given a fair opportunity to compete for the requirement. FSI also contended that the consolidation of the office supply requirements into the BPA constituted improper bundling. The RFQ contemplated award of a BPA for the procurement of office supplies, with an emphasis in environmentally preferable products and products of organizations for the blind or other in earnest handicapped as authorized by the Javits-Wagner-ODay Act, 41 U.S.C. 46-48c (2000). These products were to be provided to 70 EPA facilities across the contiguous United States. The vendor selected for award of the BPA was required to be a current holder of the contract under the GSA , Federal Supply Schedule (FSS) 75IIA, posture Supplies Products and Equipment. The items covered by the RFQ included all general office supplies offered under Special Item Number 75 200. The basel term of the BPA was 1 year, with four 1-year options, and a maximum 15 months of award-term incentive options. In 2003, the EPA received and evaluated quotations and presentations of four large business contractors. On May 22, the agency issued a sources sought notification to see if small FSS 75 II contractors could meet the BPA requirements. Capability reports were limited to 5 pages and addressed the BPA/s statement of work and 10 other specific capabilities. The EPA received capability statements from nine small business FSS contractors, including FSI. Based on the contracting officer’s review, they determined that none of the small business respondents would be able to perform the BPAs.

Issues:...