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B-404845 1 (2011-03-25)

handle is hein.gao/gaobadbtk0001 and id is 1 raw text is: 




         ,G    A     O                                                 Comptroller General
LXn ,  Accountability * Integrity * Reliability                         of the United States
United States Government Accountability Office      DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter  of:  Qwest Government  Services, Inc.

          File:        B-404845

          Date:        March 25, 2011

          Gregory A. Smith, Esq., David E. Fletcher, Esq., Christopher J. Kimball, Esq., and
          Charles L. Capito, Esq., Cooley LLP, for the protester.
          Beth Sturgess, Esq., Department of Homeland Security, for the agency.
          Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Costs for equipment and services furnished by the government in connection with
          performance of task order are not considered when determining whether value of
          the order exceeds the $10 million threshold to invoke task order protest jurisdiction.
          DECISION

          Qwest Government   Services, Inc., of Arlington, Virginia, protests the terms of an
          unnumbered  request for quotations issued by the Department of Homeland Security,
          U.S. Citizenship and Immigration Services (USCIS) for data center hosting services
          for USCIS's Technology Engineering and Consolidation Center (TECC). The
          hosting services in question consist of providing a facility, power, network
          connections, and building security services for USCIS servers and other equipment.
          An order for the services will be issued to one of the three awardees under a General
          Services Administration indefinite-delivery/indefinite-quantity (IDIQ) contract for
          telecommunications services (the Networx Universal contract).' The protester
          objects to language in the RFQ providing for the addition of approximately $14
          million to the evaluated prices of contractors other than the incumbent service
          provider, Verizon, to take into account costs that the agency will incur if the services
          are provided in a new location. Qwest argues that this price evaluation approach is
          fundamentally unfair and is a de facto sole-source award to the incumbent.

          We dismiss the protest because we do not have jurisdiction to consider it.


          'The three contract holders are the protester, Verizon Business Systems, and AT&T.

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