S2 Analytical Solutions, LLC (B-422281.3)

You should not care.

Category: Process issue

Date: 20 December 2024

URL: https://www.gao.gov/products/b-422281.3

S2 Analytical Solutions, LLC, protested the terms of an RFQ issued by DISA under GSA’s Multiple Award Schedule program, arguing that it allowed for unfair treatment of vendors by permitting the agency to conduct exchanges only with the vendor identified as the “best-suited.” S2 claimed this amounted to unequal discussions, violating fair treatment obligations. The RFQ sought technology architecture governance services and contemplated a single-award BPA with a best-value tradeoff:

1. Agency discretion in FAR subpart 8.4 procurements: GAO confirmed that FAR subpart 8.4 does not impose the same restrictions on discussions as FAR part 15. Agencies can communicate solely with the best-suited vendor if those communications are consistent with solicitation terms.
2. Solicitation's legitimacy: The RFQ language permitting selective exchanges was upheld. GAO found no violation of statute or regulation, and the approach was deemed fair under the simplified acquisition rules of FAR subpart 8.4.

The protest was denied. GAO concluded that the challenged solicitation terms allowed fair vendor evaluation and compliance with applicable regulations.

Digest

Protest challenging the terms of a solicitation as contemplating the unequal treatment of vendors by permitting the agency to conduct exchanges with only the vendor identified as the “best-suited” (i.e., the apparent successful contractor) is denied where the protester does not demonstrate the challenged provision violates statute or regulation.