Jack Faucett Associates, Inc., B-279347, June 3, 1998

B-279347 Jun 03, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Agency failed to give interested vendors a reasonable opportunity to respond to a notice of intent to award on a sole-source basis where sole-source purchase order was issued only 1 day after FACNET notice of intent was issued. Could have furnished the services sought. Were not given a reasonable opportunity to respond to the RFQ. 1998. /1/ The acquisition was conducted using the simplified acquisition procedures set forth in FAR part 13. That quotations were due by 5 p.m. on February 20. As required by FAR Sec. 13.003(i)(2). /2/ Jack Faucett also argued that the solicitation of only one source was not justified since the services sought. Which are routine and administrative in nature. Are available from a large number of firms or individuals. View Decision Matter of: Jack Faucett Associates, Inc. File: B-279347 Date: June 3, 1998 DIGEST Attorneys DECISION Jack Faucett Associates, Inc. protests the National Institutes of Health's (NIH) issuance on a sole-source basis of a purchase order to Social and Scientific Systems, Inc. (SSSI) under request for quotations (RFQ) No. QJC-80273, to support the participation of NIH's Office of Loan Repayment and Scholarship (OLRS) at meetings of the American Medical Students Association (AMSA). The protester contends that companies other than SSSI, including itself, could have furnished the services sought, but were not given a reasonable opportunity to respond to the RFQ. We sustain the protest. NIH issued the RFQ through the Federal Acquisition Computer Network (FACNET) on February 18, 1998. /1/ The acquisition was conducted using the simplified acquisition procedures set forth in FAR part 13. The FACNET notice stated that the agency intended to procure the services on a sole-source basis from SSSI, and that quotations were due by 5 p.m. on February 20. An accompanying statement of work described the particular tasks to be performed; these included making reservations (for hotel rooms, an exhibit booth, airline tickets, and buses), arranging equipment rentals, acquiring prize ribbons and signs, and assisting the Director of OLRS in staffing an exhibit booth at the AMSA meetings. On February 19 (i.e., 1 day after issuance of the RFQ and prior to the stated closing date for receipt of quotations), the agency issued a purchase order in the amount of $67,080 to SSSI. Jack Faucett protested to our Office on February 24, arguing that NIH had failed to afford interested vendors a reasonable opportunity to respond to the RFQ, as required by FAR Sec. 13.003(i)(2). /2/ Jack Faucett also argued that the solicitation of only one source was not justified since the services sought, which are routine and administrative in nature, are available from a large number of firms or individuals. See FAR Sec. 13.106-1(b)(1) (authorizing soliciting from one source if the contracting officer determines that, in the circumstances of the contract action, only one source is reasonably available). The agency asserts that it reasonably determined that only SSSI was capable of satisfying its needs. In this regard, the contracting officer determined that SSSI was the only firm whose staffers were sufficiently familiar with OLRS programs to enable them to assist the Director of OLRS in staffing the OLRS exhibit booth at the AMSA meetings. Further, in the agency's view, given that it reasonably determined that only SSSI could meet its needs, the 1-day period between issuance of the FACNET notice and issuance of the sole-source purchase order satisfied the requirement to furnish potential vendors an opportunity to respond to the notice of intent to award on a sole-source basis. Generally, agencies are required to provide public notice of proposed contract actions for amounts above $25,000 in the Commerce Business Daily (CBD) and to give potential sources a reasonable opportunity to respond. 41 U.S.C.A. Sec. 416(a) (West Supp. 1998); FAR Sec. 5.101, 5.203(b). This requirement extends to proposed sole-source awards using simplified acquisition procedures (i.e., for amounts between $25,000 and $100,000). FAR Sec. 13.003(i)(2), 13.105(a). Although certain contract actions using FACNET are exempt from the CBD notice and response time requirements, see 41 U.S.C.A. Sec. 416(c)(1)(A) and (B); FAR Sec. 5.202(a)(13) and (14), 13.105(a)(1), this does not mean that public notice and an opportunity to respond are not required where FACNET is used; instead, it means that when an acquisition is conducted via FACNET, public notice may be furnished via FACNET rather than via the CBD. In fact, 41 U.S.C.A. Sec.