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B-420110,B-420111 Nov 05, 2021 1 (2021-11-05)

handle is hein.gao/gaomjn0001 and id is 1 raw text is: 1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been Decision approved for public release. Matter of: Smiths Detection, Inc. File: B-420110; B-420111 Date: November 5, 2021 Jonathan D. Shaffer, Esq., and Ashley N. Amen, Esq., Smith Pachter McWhorter PLC, for the protester. Christopher J. Reames, Esq., Tom McGivern, Esq., and Michael Kiffney, Esq., Department of Homeland Security, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging an agency's requirement for offerors' products to be added to the agency's qualified products list (QPL) by January 4, 2022, in order to be eligible for award as unduly restricting competition is denied where the qualification deadline is reasonable and consistent with the agency's legitimate needs. 2. Protest alleging that the agency may engage in a de facto sole-source procurement by requiring that eligible products be added to the agency's QPL by January 4, 2022, and that the agency has unreasonably delayed the protester's ability to qualify by that date are dismissed as premature where the protester's products currently remain eligible for qualification. DECISION Smiths Detection, Inc., of Edgewood, Maryland, challenges the terms of requests for proposals (RFP) Nos. 70TO4021 R7672NO41 and 70TO4021 R7672N042, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for checkpoint property screening computed tomography systems. Smiths alleges that the agency's requirement for offerors to have their systems added to the agency's qualified products list (QPL) by January 4, 2022, is unduly restrictive of competition. We deny the protests in part and dismiss in part.

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