File No: 24-1009
Background
The Solicitation On August 15, 2023, GSA issued Request for Quote No. 47QFLA23Q0116 (“RFQ” or “the Solicitation”) for the award of a task order for eFINANCE, LeaveWeb, FMSuite, and FMDQS (collectively, “ELFF”) information-technology support services to be provided by the contractor to the Air Force. Admin. R. (“AR”) at 66, 155, ECF No. 19-1.1
GSA issued the Solicitation pursuant to the authority of Federal Acquisition Regulation (“FAR”) 8.405, under GSA’s Multiple Award Schedule – Small Business, and classified the Solicitation as a small business set-aside. Id. The Solicitation indicated that GSA would award a single task order with Firm Fixed Price and Time and Material/Labor Hour line items. Id. GSA noted that the phase-in period would begin on January 1, 2024, and that the base year of the task order was February 1, 2024, to January 31, 2025. Id. The Solicitation included four additional option years, continuing through January 31, 2029. AR 67. The Solicitation initially closed on September 6, 2023, which is when quotes were due. AR 155. After some amendments to correct “discrepancies” and to revise certain other requirements, GSA extended the due date to September 15, 2023. AR 160. GSA notified offerors that its evaluation of quotes would be conducted using the best-value tradeoff approach. AR 81. The Solicitation indicated that GSA would consider several factors in its evaluation, as well as compliance with mandatory requirements (pass/fail). AR 70–85. GSA further attached to the Solicitation a Performance Work Statement (“PWS”) that defined additional…
Discussion
CSI challenges several aspects of GSA’s procurement under the Solicitation. It first challenges the Agency’s decision to take corrective action following Octo Metric’s GAO protest by reevaluating quotes submitted in response to the Solicitation, and then terminating CSI’s award 18 for convenience in order to re-solicit the ELFF requirement. CSI alleges that the corrective action lacks a rational basis and is thus arbitrary and capricious. CSI next challenges GSA’s sole-source extension of the incumbent contract as contrary to law, alleging that the extension violates the Competition in Contracting Act of 1984 (“CICA”), 41 U.S.C. § 3301 et seq., and the FAR. CSI also contends the extension of the incumbent contract is arbitrary and capricious for, among other things, remaining in effect even while the terms of the extension suggest it expired in January 2025. Taking the issues in reverse order, the Court rejects CSI’s challenge to GSA’s sole-source extension…
Decision
For the reasons set forth above, the Court GRANTS IN PART AND DENIES IN PART CSI’s Motion for Judgment on the Administrative Record (ECF No. 47) and GRANTS IN PART AND DENIES IN PART the Government’s Motion to Dismiss and Cross-Motion for Judgment on the Administrative Record (ECF No. 50). The Court DENIES CSI’s Motion to Strike (ECF No. 53). Pursuant to 28 U.S.C. § 1491(b)(2) and RCFC 52.2(a), this matter is REMANDED to GSA to further explain its decision to terminate the award of contract number 47QFLA24F0019 to CSI and to re-solicit the Air Force’s ELFF requirement under a revised solicitation…
