Social Security Administration; MCI WorldCom, B-286201.4; B-286201.5, April 19, 2001
Case: B-286201.4
Agency:
Protester: Social Security Administration; MCI WorldCom, B
Date: 2001-04-19
Denied
Social Security Administration; MCI WorldCom, B-286201.4; B-286201.5, April 19, 2001
TITLE: Social Security Administration; MCI WorldCom, B-286201.4; B-286201.5, April 19, 2001
BNUMBER: B-286201.4; B-286201.5
DATE: April 19, 2001
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Social Security Administration; MCI WorldCom, B-286201.4; B-286201.5, April
19, 2001
Decision
Matter of: Social Security Administration; MCI WorldCom
Communications, Inc.--Reconsideration
File: B-286201.4; B-286201.5
Date: April 19, 2001
DECISION
The Social Security Administration (SSA) and MCI WorldCom Communications,
Inc. request reconsideration of our decision in Rockwell Elec. Commerce
Corp., B-286201 et al., Dec. 14, 2000, 2001 CPD para. __, sustaining Rockwell's
protest of an award to MCI under request for proposals (RFP) No.
SSA-RFP-00-3929, issued by SSA for network-based services to replace the
agency's call answering system. Our decision found that the agency failed to
follow the price evaluation plan stated in the RFP, and that Rockwell was
prejudiced by the agency's actions. The requesters contend that we erred in
finding prejudice.
We deny the requests for reconsideration.
In order to obtain reversal or modification of a decision, the requesting
party must show that our prior decision contains either errors of fact or
law, or present information not previously considered that warrants such
action. 4 C.F.R.
sect. 21.14(a) (2000). Repetition of arguments made during consideration of the
original protest or mere disagreement with our decision does not meet this
standard. RGII Techs., Inc.--Recon. and Protest, B-278352.2, B-278352.3,
Apr. 14, 1998, 98-1 CPD para. 130 at 3.
SSA has approximately 12,000 call center representatives working at 38 call
centers nationwide servicing incoming toll-free calls. SSA receives incoming
toll-free calls from the public under the General Services Administration's
(GSA) FTS 2001 contract with MCI (selected by SSA from GSA's available
contractors). In pertinent part, the RFP requested proposals that would
provide the best solution for distributing within SSA both incoming calls
received from the FTS 2001 contractor, and administrative calls, which are
initiated by SSA's staff.
Offerors could propose from a variety of call distribution system designs.
The potential continuum of call distribution systems ranged from substantial
reliance on the FTS 2001 contractor by feeding calls back into the FTS 2001
system for distribution within SSA, to total reliance on a distribution
network independent from the FTS 2001 system and dedicated to handling SSA's
calls, e.g., a virtual private network (VPN). Use of the FTS 2001 system
would require SSA to pay the costs of such call distribution services
directly to the FTS 2001 contractor under the terms of that contract; thus,
not all of the costs of call distribution are included in the network-based
services contract's fixed price. In the case of VPNs, once an incoming call
is received from the FTS 2001 contractor, no FTS 2001 costs are incurred for
call distribution; thus, all of the costs of call distribution are included
in the network-based services contract's fixed price.
The RFP provided for evaluating FTS 2001 costs in the price evaluation. To
facilitate this evaluation, the RFP required offerors to identify in their
price proposals the specific FTS 2001 costs that their proposed call
distribution systems would incur. Evaluated price was the most important
evaluation factor.
Two of four offerors submitted proposals based on VPNs. Rockwell was one of
the offerors proposing a VPN; MCI was not. MCI's proposed solution relied in
part on the FTS 2001 system to distribute calls. However, MCI's price
proposal did not identify specific FTS 2001 resources and/or associated FTS
2001 costs for call distribution. The evaluated price of MCI's proposal was
approximately $[DELETED] lower than Rockwell's. Since the two proposals
received the same ratings on the remaining best value evaluation factors,
MCI's proposal was selected for award.
The agency conceded during the protest process that where a proposal, such
as MCI's, did not identify the specific FTS 2001 costs to be incurred, SSA
could not know what FTS 2001 costs SSA would incur under that proposal.
Rockwell Elec. Commerce Corp., supra, at 7. Consistent with this concession,
we determined that the FTS 2001 costs applicable to MCI's proposal could not
be definitively determined from the record. Id. at 9. Thus, SSA's price
evaluation did not consider all of the FTS 2001 costs applicable to MCI's
proposed solution, such that the price evaluation and source selection were
not consistent with the terms of the RFP.
As discussed in our prior decision, the agency initially did not contemplate
the need to evaluate FTS 2001 costs for administrative call traffic.
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