OSI Collection Services, Inc.; C.B. Accounts, Inc., B-286597.3; B-286597.4; B-286597.5; B-286597.6, June 12, 2001
Case: B-286597.3
Agency:
Protester: OSI Collection Services, Inc.; C.B. Accounts, Inc., B
Date: 2001-06-12
Denied
OSI Collection Services, Inc.; C.B. Accounts, Inc., B-286597.3; B-286597.4; B-286597.5; B-286597.6, June 12, 2001
TITLE: OSI Collection Services, Inc.; C.B. Accounts, Inc., B-286597.3; B-286597.4; B-286597.5; B-286597.6, June 12, 2001
BNUMBER: B-286597.3; B-286597.4; B-286597.5; B-286597.6
DATE: June 12, 2001
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OSI Collection Services, Inc.; C.B. Accounts, Inc., B-286597.3; B-286597.4;
B-286597.5; B-286597.6, June 12, 2001
Decision
Matter of: OSI Collection Services, Inc.; C.B. Accounts, Inc.
File: B-286597.3; B-286597.4; B-286597.5; B-286597.6
Date: June 12, 2001
Joseph J. Petrillo, Esq., and Karen D. Powell, Esq., Petrillo & Powell, for
OSI Collection Services, Inc., and Robert A. Mangrum, Esq., Eric J.
Marcotte, Esq., and Paul S. Ebert, Esq., Winston & Strawn, for C.B.
Accounts, Inc., the protesters.
Deneen J. Melander, Esq., and Catherine E. Pollack, Esq., Fried, Frank,
Harris, Shriver & Jacobson, for Financial Asset Management Systems, Inc.;
Brian A. Darst, Esq., and Francis E. Purcell, Jr., Esq., Williams Mullen
Clark & Dobbins, for Maximus, Inc.; and Saul L. Moskowitz, Esq., Dean Blakey
& Moskowitz, for Diversified Collection Services, Inc., intervenors.
Jeffrey C. Morhardt, Esq., and Jose Otero, Esq., Department of Education,
for the agency.
Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protests against award of federal supply schedule task order contracts for
private collection agency services--following a reevaluation of offerors'
past performance pursuant to prior protests and a new source selection
decision--are denied where the record shows that the contracting agency's
reevaluation of offerors' past performance was reasonable, consistent with
the solicitation's stated evaluation criteria, and fully supported.
DECISION
OSI Collection Services, Inc. and C.B. Accounts, Inc. (CBA) protest the
decision by the Department of Education to award federal supply schedule
(FSS) task order contracts to 11 other firms under a request for task order
proposal (RFTOP) for private collection agency (PCA) services. Both
protesters contend that the agency improperly evaluated offerors' proposals
with respect to past performance.
We deny the protests.
BACKGROUND
The agency's Office of Student Financial Assistance performs collection and
administrative resolution activities on debts resulting from the nonpayment
of student loans and the failure to fulfill grant requirements. When this
solicitation was issued, 17 PCA contractors, including OSI and CBA, were
performing these services for the agency. This follow-on RFTOP was issued in
July 2000 to obtain the services of PCAs with contracts under the General
Services Administration's Financial Asset Management Services Schedule. Task
order contracts were to be issued to 10-12 FSS contractors, with at least
two awarded under a small business set-aside. The agency estimates that, on
average, each non-set-aside task order contract will generate approximately
$25 million in commissions during its term. The agency planned to conduct an
initial transfer of 20,000 accounts to each successful contractor, each of
whom was to locate and contact the borrowers to demand payment of their
debts or to otherwise resolve the account through such measures as wage
garnishment, litigation, or other administrative resolutions. Additional
account transfers were to occur throughout the life of the contract.
Incumbent contractors were invited to compete for the contracts if they had
performed "consistently well" for the agency based upon its Competitive
Performance and Continuous Surveillance (CPCS) evaluation. The CPCS
evaluation, performed every 4 months, measures the relative performance of
each contractor on all accounts transferred under various performance
indicators and is used to determine bonus payments and the transfer of new
accounts. Under the CPCS methodology, the contractor ranked the highest
under a particular performance indicator receives the maximum number of
points available for that indicator, and the remaining contractors receive
points in proportion to their ranking relative to the leading contractor.
Each contractor's overall CPCS score for each 4-month period is the sum of
its scores for all of the performance indicators for that period.
Offerors were required to propose a commission or fee for each type of
service to be performed under the contract. Since the RFTOP established
target rates for these commissions or fees, "quality factors" and the
commitment to small business were to be more important than price in making
the award selection decision.
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