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AT&T Communications Inc. v. Wiltel Inc.

Decided: July 30, 1993.

AT&T COMMUNICATIONS, INC., AND RICHARD G. AUSTIN, ADMINISTRATOR GENERAL SERVICES ADMINISTRATION, APPELLANTS,
v.
WILTEL, INC., AND MCI TELECOMMUNICATIONS CORPORATION, INTERVENORS.



Appealed from: Board of Contract Appeals General Services Administration

Before Newman, Clevenger, and Rader, Circuit Judges.

Rader

RADER, Circuit Judge.

The General Services Administration Board of Contract Appeals (Board) granted Wiltel, Inc.'s and MCI Telecommunications Corporation's bid protest. Wiltel, Inc. v. General Services Admin., 1992 BPD P 201 (GSBCA1992). AT&T Communications, Inc. and the General Services Administration (GSA) appeal. The protest concerns FTS2000, the Federal Government's comprehensive telecommunications contract. GSA and AT&T agreed to modify the FTS2000 contract to add services. Wiltel (and later MCI) protested the modification for exceeding the scope of the FTS2000 contract. Because the Competition in Contracting Act (CICA) does not require a separate competitive procurement for this modification to the FTS2000 contract, this court reverses.

BACKGROUND

In 1986, GSA solicited bids for FTS2000, a Government-wide telecommunications system. Under the heading Description/Specifications/Work Statement, the FTS2000's request for proposals describes the scope of the contract:

C.1.3 Objectives

The FTS2000 procurement is designed to meet the following government objectives:

a. To obtain a comprehensive set of telecommunications services

b. To obtain telecommunications services through two prime service contractors responsible for providing all services and network management

c. To accurately forecast telecommunications costs over a 10-year contract period

e. To adopt an architecture that will provide a smooth transition to an Integrated Services Digital Network (ISDN) environment when it becomes economically attractive

f. To encourage competition between the two FTS2000 services contractors as a means of ensuring continued improvements in FTS2000 services and prices

Some specific requirements to meet these objectives are described below.

C.1.3.1 Telecommunications Services. The government intends to procure the following six telecommunications services: switched voice service, switched data service, switched digital integrated service, packet switched service, video transmission service, and dedicated transmission service. This solicitation describes these services, as well as specific features of these services that the government is likely to procure. It, is the government's intent that these services conform as closely as possible with those offered commercially.

GSA Request for Proposals number KET-JW-87-02 P C.1.3-C.1.3.1 (RFP); see also Wiltel, 1992 BPD P 201 at 3. This case features one of the six services mentioned above, namely dedicated transmission services.

The RFP's next paragraph defines "dedicated transmission service":

C.2.1.1 Services. the contractor shall provide the following services:

f. Dedicated transmission service for point-to-point private line ...


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