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GAO Confirms FSS Contract Must Be Valid for Option Years, Not Just Base Period

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The agency found the protester's quotation ineligible because the protester's Federal Supply Schedule (FSS) contract expired before the end of the blanket purchase agreement's option years. The protester maintained its FSS schedule only needed to be valid for the BPA's base year. GAO sided with the agency and denied the protest.

KesselRun Corporate Travel Solutions, LLC, GAO B-423311
  • Protest - The protester objected the rejection of its quotation for a blanket purchase agreement (BPA) for travel and expense consulting services. The agency found that the protester's underlying FSS contract expired before the end date of the BPA's total potential ordering period when the five option years were considered. The protester objected claiming the BPA's period of performance was only one year, which was the base period. It argued "an option is not an obligation."
  • Decision - GAO disagreed with the protester's interpretation. GAO had examined a similar factual situation in GBK P'ship, LLC--Constant Assocs., Inc., B-417039 in which it concluded the FSS contract must have sufficient option to cover the entirety of the period of performance including all potential options. Because the protester's FSS contract would expire 20 days prior to the last day of the contemplated ordering period under the BPA, GAO concluded that the contracting officer validly deemed the protester's quotation ineligible for award under FAR section 8.405-3(d)(3).

The protester was represented by Nicole D. Pottroff, Shane J. McCall, John L. Holtz, Stephanie L. Ellis, Gregory P. Weber, and Annie E. Birney of Koprince, McCall, Pottroff,
LLC. The agency was represented by Amanda Gramlich and Sharon Chen of GSA. Michael P. Grogan and Evan D. Wesser of GAO participated in the preparation of the decision.

-- Case summary by Joshua Lim, Assistant Editor.

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