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B-420815.2 Jun 21, 2023 1 (2023-06-21)

handle is hein.gao/gaoowe0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: FEI.Com File: B-420815.2 Date: June 21, 2023 David B. Dixon, Esq., Toghrul Shukurlu, Esq., Robert Starling, Esq., and Aleksey Dabbs, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Anthony E. Marrone, Esq., and Jennifer Yang, Esq., Department of Health and Human Services, for the agency. Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the establishment of a blanket purchase agreement under a solicitation set aside for small businesses is dismissed because the protester is not an interested party where the protester is not a small business concern and did not submit a quotation in response to the solicitation. Rather, the protester was a prospective subcontractor to an unsuccessful vendor that chose not to protest the agency's selection decision. DECISION FEI.com, Inc. (FEI), of Columbia, Maryland, protests the agency's actions in relation to the establishment of a blanket purchase agreement (BPA) with Ellumen, Inc., of Silver Spring, Maryland, under request for quotations (RFQ) No. 75A50222Q00001. The Department of Health and Human Services (HHS) issued the RFQ for technical services involving the software capabilities of the National Disaster Medical System. The protester contends that the agency unreasonably modified the scope of an already-existing BPA by allowing Ellumen to quote open market labor categories that were not included in the awardee's underlying General Services Administration (GSA) multiple award schedule (MAS) contract, and by increasing the maximum BPA price ceiling established by the RFQ by over $1 million. We dismiss the protest.

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