AtechGov, LLC (B-423738)
You should not care.
Category: 8(a), set-aside, Multiple Award Schedule
Date: 17 November 2025
URL: https://www.gao.gov/products/b-423738
AtechGov protests the USDA's issuance of an RFQ for IT support services directly to four GSA Multiple Award Schedule contractors holding 8(a) status, rather than posting it on GSA's eBuy website. AtechGov, an MAS contract holder that had responded to the agency's earlier RFI, was not among the four selected vendors. AtechGov learned of the solicitation four days before the quotation deadline and requested an extension, which the agency denied.
FAR subsection 8.405-3(b)(2)(v) gives agencies establishing BPAs with FSS contractors two options for requirements above the simplified acquisition threshold: post on eBuy (option A) or send the RFQ directly to vendors (option B). Under option B, the agency must send the RFQ to "as many schedule contractors as practicable" to reasonably ensure at least three responses. GAO found "as many as practicable" is satisfied when the agency ensures at least three contractors can respond—the same standard GAO applied in Technical Professional Services (B-410640). The agency's decision to issue the RFQ to four vendors, based on market research, was consistent with the FAR.
AtechGov also argued the agency should have extended the deadline. GAO found FAR subpart 8.4 sets no minimum response time, and the agency was not required to extend the deadline for a vendor that was not part of the original solicitation distribution.
The protest is denied.
Digest
- Protest that the agency violated procurement regulations by issuing a solicitation directly to select vendors is denied where the record shows the agency's actions were consistent with applicable procurement regulations.
- Protest that the agency unreasonably failed to extend the due date for quotation submissions is denied where the protester has not shown the agency acted unreasonably.
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