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B-406692 1 (2012-08-08)

handle is hein.gao/gaobadoyz0001 and id is 1 raw text is: G A O Comptroller General ,!7 = 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. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Cyberdata Technologies, Inc. File: B-406692 Date: August 8, 2012 Edward J. Tolchin, Esq., Offit Kurman, for the protester. Catherine Crow, Esq., General Services Administration, for the agency. Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's argument that its technically acceptable quotation was excluded from the competition without consideration of price in a best value acquisition for the establishment of blanket purchase agreements (BPA) under the Federal Supply Schedule (FSS) is sustained where Federal Acquisition Regulation subpart 8.4 requires that price be considered in establishing BPAs under the FSS, and where the record shows that the agency downsized the pool of vendors, by excluding some of them, like the protester, who were technically acceptable, without consideration of their lower prices. 2. Where a protest raises an untimely issue that has not been previously decided and is potentially of widespread interest to the procurement system, the Government Accountability Office (GAO) may consider the issue pursuant to the significant issue exception in its timeliness rules, 4 C.F.R. § 21.2(c) (2012); here, the GAO invokes the significant issue exception and sustains the protest, however, since the protester did not raise the issue in a timely manner--when it clearly could have done so--GAO does not recommend reimbursement of protest costs. DECISION Cyberdata Technologies, Inc., of Herndon, Virginia, protests the General Services Administration's (GSA) decision not to establish a blanket purchase agreement (BPA) with the company under request for quotations (RFQ) No. PGE-01-25-2012, RFQ 646760. Cyberdata asserts that its quotation improperly was excluded from the competition without consideration of its price. We sustain the protest.

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