Biospherics, Inc., B-285065, July 13, 2000

B-285065 Jul 13, 2000 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest that contracting agency conducted inadequate and prejudicially unequal discussions as between the two offerors in the competitive range is denied where the record shows that. BACKGROUND The FIC is a single point of contact for people with questions about federal agencies. The contractor will also be responsible for maintaining supporting databases and web sites. The "most critical element of the entire program" was the maintenance and support of the FIC's internal-use database. Or other changes are needed in database content or entry. The agency was to first review unpriced technical proposals to determine which were technically acceptable or could. A proposal was required to have a passing grade in all evaluation factors in order to be technically acceptable. View Decision Matter of: Biospherics, Inc. File: B-285065 Date: July 13, 2000 DIGEST Attorneys DECISION Biospherics, Inc. protests the award of a contract to Aspen Systems Corporation under request for proposals (RFP) No. TQD-RC-98-0002, issued by the General Services Administration (GSA) to acquire the services necessary to manage and operate GSA's Federal Information Center (FIC). Biospherics primarily contends that GSA conducted inadequate and prejudicially unequal discussions. We deny the protest. BACKGROUND The FIC is a single point of contact for people with questions about federal agencies, programs, and services. It currently responds to about 2 million calls annually, with the most frequent public inquiries concerning workplace issues, state government matters, immigration and naturalization, federal taxes, federal employment, savings bonds, government publications, housing-related concerns, Federal Communications Commission matters, and disaster assistance. The FIC's information specialists answer inquiries directly, refer callers to the correct offices, or research the inquiries to provide suitable responses. FIC Web Site >. GSA issued this solicitation on November 16, 1998, to acquire the services necessary to continue managing and operating the FIC; Biospherics has performed these services since 1989. In addition to answering inquiries about federal government agencies, programs, services, and related issues, the contractor will also be responsible for maintaining supporting databases and web sites; conducting an agency liaison program and certain publicity efforts; creating and delivering activity and progress reports; and various other support activities. RFP Sec. C.1.1.1. The "most critical element of the entire program" was the maintenance and support of the FIC's internal-use database. Post-Negotiation Memorandum at 17. Since the FIC's information specialists use this database to obtain the information required to answer public inquiries, the contractor must update, revise, and otherwise maintain the currency and accuracy of database entries as new resource information becomes available, currently-included information becomes outdated, or other changes are needed in database content or entry. RFP Sec. C.5.2.1.1. The solicitation contemplated the award of an indefinite-delivery, indefinite-quantity contract with a base period from the date of award through September 30, 2000, and four 1-year option periods. RFP amend. 2, Sec. H.1; amend. 8, Sec. B, at B-1; Sec. L.3; Sec. F.3. GSA planned to make award to the offeror submitting the lowest-priced, technically acceptable proposal. The agency was to first review unpriced technical proposals to determine which were technically acceptable or could, after discussions, be made acceptable. Section M.1.2 of the RFP set forth seven equally important technical evaluation factors to be evaluated on a pass/fail basis; a proposal was required to have a passing grade in all evaluation factors in order to be technically acceptable. Proposals evaluated as technically acceptable were then to be evaluated for price. RFP amend. 2, Sec. M.1.1. Offerors were required to provide pricing for a variety of services. While the most significant effort involved processing inquiries from members of the public, another service to be priced was the maintenance and support of the internal-use database. Section B of the RFP included a separate sub-line item for this service for the base period and for each option period. Pursuant to RFP Sec. M.1.3, the total evaluated price of each offeror's proposal was to be the sum total of all categories of service for all contract periods, the price of using the government's inter-city telecommunications network, and an adjustment for small disadvantaged business concerns. GSA received five proposals by the March 23, 1999 extended closing date. The Technical Evaluation Panel (TEP) concluded that all five were technically unacceptable, but that those of Aspen and Biospherics were capable of being made acceptable without a major rewrite. Initial TEP Report at 1-4.