Future Solutions Case Study

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Fact Future Solutions Inc., (FSI) is protesting the award by the Environmental Protection Agency (EPA) of a blanket purchase agreement (BPA) for office supplies to Corporate Express pursuant to request for quotations (RFQ) No. DC-03-00233. FSI, a small business concern, argues that the requirements should be set aside for small business concerns and that it was not given an equitable opportunity to compete for this requirement. FSI also contends that the consolidation of the agency’s office supply requirements into the BPA constitutes improper bundling. The RFQ contemplated award of a BPA for the procurement of office supplies, with an emphasis in environmentally preferable products (EPP) and products of organizations for the blind or other severely handicapped as authorized by the Javits-Wagner-O’Day Act, 41 U.S.C. 46-48c (2000). These products will be provided to approximately 70 EPA facilities, located in the contiguous United States. The vendor selected for award of the BPA was required to be a current holder of the contract under the GSA , FSS 75IIA, Office Supplies Products and Equipment. The items covered by the RFQ included all general office supplies offered under Special Item Number 75 200. The base term of the BPA was 1 year, with four 1 year options, and a maximum 15 months of award-term incentive options. In 2003, the EPA obtained and evaluated the quotations and oral presentations of four large business FSS 75 IIA contractors. On May 22, the agency issued a “source sought” notice seeking information on the capability if small FSS 75 II contractors for consideration for the BPA. The capability statements were limited to 5 pages and were to address the BPA’s statement of work and 10 other specific capabilities. The EPA received capability statements from nine small business FSS contractors, including FSI. Based on her review the contracting officer
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