All Items Under an FSS Solicitation Must Be Included On The Successful Vendor’s FSS Contract

In bidding on Federal Supply Schedule (FSS) task orders, it is important for vendors to ensure that all of the required items are included on the vendor’s FSS Contract.  Also important is knowledge of what is, or is not, included on your competitor’s FSS Contract.

 Recently, GAO sustained a protest finding that the vendor that was awarded a task order under a FSS procurement was ineligible for the award because certain of the required services in the task order were outside the scope of the vendor’s FSS contract.  American Security Programs, Inc., B-402069, B-402069.2, Jan. 15, 2010, 2010 CPD ¶ __.

 Similarly, earlier in 2010 GAO sustained another protest in which the successful vendor’s FSS Contract did not include one of the required items in the Request for Quotations (RFQ).  Rapiscan Systems, Inc., B-401773.2, B-401773.3, Mar. 15, 2010, 2010 CPD ¶ __.  There, GAO recommended that the agency issue a new task order to the vendor next in line under the terms of the RFQ.

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