B-218619.2, SEP 17, 1985, 85-2 CPD 293
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: PRIOR DECISION IS AFFIRMED ON RECONSIDERATION WHERE THE PROTESTER HAS NOT SHOWN ANY ERROR OF FACT OR LAW WHICH WOULD WARRANT REVERSAL OF THE DECISION. THE RFP WAS FOR TELECOMMUNICATIONS EQUIPMENT AND RELATED SERVICES FOR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA IN NORFOLK (THE COURT). THESE COSTS WERE BASED ON GSA'S DETERMINATION THAT THE PABX SYSTEM WOULD TIE INTO THE FTS SYSTEM THROUGH AN EXCLUSIVE USE SWITCH IN FAULKNOR. THE ADMINISTRATIVE OFFICE DETERMINED THAT A PABX SYSTEM WAS NOT COST EFFECTIVE. BCS CONTENDS THAT THE ADMINISTRATIVE OFFICE'S CANCELLATION OF THE PABX SYSTEM PROCUREMENT WAS UNREASONABLE BECAUSE THE OPTION OF PABX INSTALLATION WITH NORFOLK FTS ACCESS WAS NOT EXAMINED.
B-218619.2, SEP 17, 1985, 85-2 CPD 293
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: PRIOR DECISION IS AFFIRMED ON RECONSIDERATION WHERE THE PROTESTER HAS NOT SHOWN ANY ERROR OF FACT OR LAW WHICH WOULD WARRANT REVERSAL OF THE DECISION.
BUSINESS COMMUNICATIONS SYSTEMS, INC.-- REQUEST FOR RECONSIDERATION:
BUSINESS COMMUNICATIONS SYSTEMS, INC. (BCS) REQUESTS RECONSIDERATION OF OUR DECISION IN BUSINESS COMMUNICATIONS SYSTEMS, INC., B-218619, JULY 29, 1985, 85-2 CPD PARA. ----, DENYING ITS PROTEST OF THE CANCELLATION OF REQUEST FOR PROPOSALS (RFP) NO. DCXOH-85-009 ISSUED BY THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS (ADMINISTRATIVE OFFICE). THE RFP WAS FOR TELECOMMUNICATIONS EQUIPMENT AND RELATED SERVICES FOR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA IN NORFOLK (THE COURT). WE FOUND THAT THE ADMINISTRATIVE OFFICE HAD A REASONABLE BASIS TO CANCEL THE RFP AND THAT BCS HAD NOT SHOWN THAT THE GENERAL SERVICES ADMINISTRATION (GSA) INTENDED TO FORCE THIS PROCUREMENT INTO GSA CHANNELS. FOR THE REASONS DISCUSSED BELOW, WE AFFIRM OUR DECISION.
AS NOTED IN OUR DECISION, THE ADMINISTRATIVE OFFICE CANCELED THE RFP WHEN GSA ADVISED IT THAT THE COST OF ITS PROPOSED PROCUREMENT OF A PRIVATE AUTOMATIC BRANCH EXCHANGE (PABX) SYSTEM SHOULD INCLUDE $199,305 IN FEDERAL TELECOMMUNICATIONS SYSTEM (FTS) ACCESS COSTS. THESE COSTS WERE BASED ON GSA'S DETERMINATION THAT THE PABX SYSTEM WOULD TIE INTO THE FTS SYSTEM THROUGH AN EXCLUSIVE USE SWITCH IN FAULKNOR, MARYLAND. BASED ON GSA'S FIGURES, THE ADMINISTRATIVE OFFICE DETERMINED THAT A PABX SYSTEM WAS NOT COST EFFECTIVE. THE ADMINISTRATIVE OFFICE DECIDED INSTEAD TO PURCHASE DIFFERENT EQUIPMENT UNDER GSA'S PURCHASE OF TELEPHONE AND SERVICES (POTS) CONTRACT, A COMPETITIVELY AWARDED, INDEFINITE - QUANTITY/INDEFINITE - DELIVERY CONTRACT WHICH FEDERAL AGENCIES MAY USE FOR THE PURCHASE OF TELEPHONES, OTHER EQUIPMENT AND RELATED SERVICES.
IN ITS REQUEST FOR RECONSIDERATION, BCS CONTENDS THAT THE ADMINISTRATIVE OFFICE'S CANCELLATION OF THE PABX SYSTEM PROCUREMENT WAS UNREASONABLE BECAUSE THE OPTION OF PABX INSTALLATION WITH NORFOLK FTS ACCESS WAS NOT EXAMINED. BCS ALLEGES THAT THERE IS NO EVIDENCE THAT GSA WOULD PERMIT CONNECTION TO THE FTS ONLY THROUGH THE FAULKNOR SWITCH.
GSA HAS PROVIDED OUR OFFICE WITH WRITTEN ADVICE THAT ACCESS TO THE FTS THROUGH THE FAULKNOR SWITCH IS REQUIRED BECAUSE CONNECTING A PABX SYSTEM TO THE FTS THROUGH NORFOLK WOULD CAUSE A SERVICE DEGRADATION THAT IS NOT PERMITTED FOR NEW LOCATIONS ON THE FTS NETWORK. WHILE A CONNECTION TO THE NORFOLK SWITCH IS TECHNICALLY POSSIBLE, IT WOULD BE INCONSISTENT WITH GSA'S POLICY TO PROVIDE THE HIGHEST QUALITY FTS SERVICE AT THE LOWEST PRACTICAL COST.
SINCE BCS HAS NOT SHOWN ANY ERROR OF FACT OR LAW IN OUR PRIOR DECISION, IT IS AFFIRMED. SEE RICHARD HOFFMAN CORP.-- RECONSIDERATION, B-218134.2, FEB. 25, 1985, 85-1 CPD PARA. 238.