Bosco Contracting, Inc.

B-270366 Mar 04, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest challenging contracting agency's failure to solicit incumbent contractor to perform interim services contract between the completion of its contract and the commencement of the services by the National Industries for the Severely Handicapped is sustained where the decision not to solicit incumbent was based on alleged poor past performance. Which was unsupported by the record. 41 U.S.C. sec. 46-48c (1994) (commodities or services placed on the list by the Committee for Purchase from the Blind and Other Severely Handicapped must be procured only from non-profit agencies employing persons who are blind or have other severe disabilities). DITCO was in the process of negotiating a 1-year contract for the services with the National Industries for the Severely Handicapped (NISH). View Decision Matter of: Bosco Contracting, Inc. File: B-270366 Date: March 4, 1996 Protest challenging contracting agency's failure to solicit incumbent contractor to perform interim services contract between the completion of its contract and the commencement of the services by the National Industries for the Severely Handicapped is sustained where the decision not to solicit incumbent was based on alleged poor past performance, which was unsupported by the record. Attorneys DECISION Bosco Contracting Inc. protests the issuance of a purchase order to Specialized Services, Inc. (SSI) under a request for quotations (RFQ) issued by the Defense Information Systems Agency, Defense Information Technology Contracting Office (DITCO), Department of Defense, for janitorial, recycling, and snow removal services at DITCO buildings at Scott Air Force Base (AFB), Illinois, for a 2-month period. Bosco, the incumbent contractor, alleges that the agency improperly failed to solicit the firm. We sustain the protest. The RFQ, issued on October 23, 1995, contemplated award for a 2-month interim period (November 1 to December 31, 1995) between the expiration of Bosco's incumbent 5-year contract and the expected inclusion of the services on a procurement list developed under the provisions of the Javits-Wagner-O'Day Act, 41 U.S.C. sec. 46-48c (1994) (commodities or services placed on the list by the Committee for Purchase from the Blind and Other Severely Handicapped must be procured only from non-profit agencies employing persons who are blind or have other severe disabilities). At the time of issuance of the RFQ, DITCO was in the process of negotiating a 1-year contract for the services with the National Industries for the Severely Handicapped (NISH). SSI, the awardee here, was the NISH workshop contemplated to perform the services. Under the RFQ for the interim services, DITCO requested quotes from SSI and two other vendors. Although Bosco had expressed interest to the agency in competing for any follow-on procurement, DITCO decided not to solicit the firm because it believed "there was doubt on its ability to perform considering its prior record." SSI was the only vendor which submitted a quote, and after determining SSI's price was fair and reasonable, DITCO issued a purchase order to the firm on October 30. On the same day, Bosco filed this protest with our Office. On the following day, the agency determined that continuing performance during the pendency of the protest was in the best interests of the United States. See 31 U.S.C. sec. 3553(d)(3)(C)(i)(I) (1994). Bosco argues that DITCO lacked reasonable justification for excluding the firm from the competition. According to the protester, it had no indication of deficient past performance other than a single incident where two Bosco employees did not show up for work. Simplified acquisition procedures are excepted under the Federal Acquisition Streamlining Act of 1994 (FASA) from the general requirement that agencies obtain full and open competition through the use of competitive procedures when conducting procurements. 10 U.S.C. sec. 2304(a)(1)(A), (g)(1), and (g)(3) (1994). [1] These simplified procedures are designed to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors. To facilitate these stated objectives, FASA only requires that agencies obtain competition to the maximum extent practicable when they utilize simplified acquisition procedures. Id.; 41 U.S.C. sec. 427; see Omni Elevator, B-233450.2, Mar. 7, 1989, 89-1 CPD para. 248. In implementing the statutory requirement, the Federal Acquisition Regulation (FAR) requires contracting officers, when using simplified acquisition procedures, to solicit quotations from a reasonable number of qualified sources to promote competition to the maximum extent practicable and ensure that the purchase is advantageous to the government, based, as appropriate, on either price alone or price and other factors. FAR sec. 13.106-1(a)(1) (FAC 90-29); see S.C. Servs. Inc., B-221012, Mar.