Supply Management

October 31, 2008

Mr. Todd B. Fleming
Symon Communications, Inc. 
Senior Vice President, Global Sales 
500 N. Central Expressway, Suite 175
Plano, Texas 75074

RE:	Supplier Disagreement Resolution Case No. SDR08SR-09
Solicitation No. 1CTELE-08-A-0009

Dear Mr. Fleming: 

You lodged a disagreement on September 26 with respect to the above referenced solicitation for Digital Media Services (DMS).  You request that Symon Communications, Inc., (Symon) be granted a comparable period of time to submit a proposal as were other potential suppliers.  

I have carefully reviewed your disagreement and the additional information contained in your October 6 letter.  I have also examined the information provided to me by the Contracting Officer.  Based on that review and examination, your disagreement is denied. 

The information presented to me by the Contracting Officer indicates that the Purchase Team determined, upon receipt of the requirement, that it was in the best interest of the Postal Service to limit competition to its Managed Network Service Providers (Verizon and AT&T).  That decision was made because of their qualifications and the limited timeframe within which to make award.  I find that this is a reasonable decision based on the facts presented to me. 

Although I understand your concerns, had the decision not been made to make use of these existing contracts, an award could not have been made in time to use available funding.  As a result, the project would have been delayed or cancelled to the detriment of the Postal Service.  

Symon was only given an opportunity to submit a proposal based upon its request that it be permitted to compete, even though no extension of time could be permitted.  Symon’s alternate proposal was evaluated and determined to be non-compliant with the solicitation requirements and eliminated from further consideration.

In conclusion, I find that the decision to limit competition to the Managed Network Service Providers to have been in the best interests of the Postal Service and your disagreement is denied. In accordance with 39 CFR 601.108 (g), this is my final decision. 

Sincerely, 

/s/
Pete Dolder, C.P.M
USPS Supplier Disagreement Resolution Official

cc:    Contracting Officer 
bcc:  VP Supply Management
         Managing Counsel, Civil Practice
         Managing Counsel, St Louis Field Office
         Mark Dennet, Attorney, Tampa Field Office
         Manager, Supplies Portfolio
         Manager, DIE-TEL CMC