QED Group LLC d/b/a Q2 Impact (B-421775.4)

You should care.

Category: Past performance, compliance

Date: 12 November 2024

URL: https://www.gao.gov/products/b-421775.4

QED Group LLC, operating as Q2 Impact, protested its exclusion from GSA's OASIS+ competition focusing on GSA’s disqualification of Q2’s proposal due to its affirmative representation of using prohibited telecommunications equipment, contrary to FAR provisions. Q2 Impact also alleged disparate treatment, asserting that other awardees likely used similar equipment.

Q2 Impact admitted to using prohibited telecommunications equipment in operations under an unrelated waiver from USAID. GSA determined that this disqualified the company, as it had not obtained a waiver specific to the GSA procurement. GAO upheld GSA’s decision, citing the FAR's plain language, which requires one-time, agency-specific waivers. Q2 Impact next claimed unequal treatment, suggesting that other awardees operating in similar regions must also use prohibited equipment. GAO dismissed this claim as speculative, finding no evidence that GSA overlooked or ignored FAR violations by other offerors.

The protest was denied in part and dismissed in part. GSA’s adherence to FAR clause 52.204-25 and its rejection of speculative allegations of disparate treatment were deemed proper.

Digest

1. Protest challenging the elimination of a proposal from consideration for award is denied where the agency’s decision was in accordance with the plain language of the Federal Acquisition Regulation.
2. Protest alleging disparate treatment fails to state a valid basis for protest where the protester’s allegations are based only on speculation.