Government Business Services Group, B-287052; B-287052.2; B-287052.3, March 27, 2001

Government Business Services Group, B-287052; B-287052.2; B-287052.3, March 27, 2001 TITLE: Government Business Services Group, B-287052; B-287052.2; B-287052.3, March 27, 2001 BNUMBER: B-287052; B-287052.2; B-287052.3 DATE: March 27, 2001 ********************************************************************** Government Business Services Group, B-287052; B-287052.2; B-287052.3, March 27, 2001 Decision Matter of: Government Business Services Group File: B-287052; B-287052.2; B-287052.3 Date: March 27, 2001 Michael A. Hordell, Esq., and Laura L. Hoffman, Esq., Kilpatrick Stockton, for the protester. Drew A. Harker, Esq., and Mark E. DeWitt, Esq., Arnold & Porter, for US Investigations Service, Inc., an intervenor. Kathie Ann Whipple, Esq., and Sandra K. Scholar, Esq., Office of Personnel Management, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. General Accounting Office (GAO) will not review contention that contracting agency is required under the Freedom of Information Act (FOIA) to provide protester copies of certain operation manuals and processing instructions the agency developed and placed in reading rooms for offerors to review in connection with solicitation to acquire background investigations services, because GAO has no authority under FOIA regarding the release of documents in the possession of an agency. Protester must pursue the remedy it seeks under the disclosure remedies of FOIA. 2. Allegation that solicitation's restriction on photocopying documents the agency developed and placed in reading rooms for offerors to review is unduly restrictive of competition is denied, where offerors were permitted to view the documents at issue for at least 2 weeks prior to closing, and when viewed together with the information the agency provided with the solicitation, the agency provided sufficient information for offerors to compete intelligently and on an equal basis. 3. Protest that offeror under solicitation for background investigation services has an organizational conflict of interest that renders that firm ineligible for award is dismissed as premature where contracting agency has made no final determination regarding the status or eligibility of the offeror. DECISION Government Business Services Group (GBSG) protests as unduly restrictive the terms of request for proposals (RFP) No. OPM-00RFP-01025RDH, issued by the Office of Personnel Management (OPM) to acquire background investigations and related support services. Specifically, the protester challenges the provision in the RFP that does not allow offerors to photocopy or remove any materials located at two reading rooms OPM established in connection with the RFP. The protester argues that by preventing it from photocopying or removing any of the materials from the reading rooms, OPM has placed GBSG at a competitive disadvantage, and has improperly skewed the procurement in favor of the incumbent, US Investigations Service, Inc. (USIS). In a supplemental protest, GBSG also alleges that the relationship between OPM and USIS has created an organizational conflict of interest which renders USIS ineligible for award. We deny the protests. BACKGROUND OPM's Investigation Service (IS) is responsible for conducting background investigations to provide executive branch agencies and departments with information upon which to make decisions involving the employability of individuals in the federal civil service, including whether to grant security clearances. Prior to 1994, OPM employees conducted these investigations. In 1994, as part of an initiative to reinvent the federal government, IS was identified as one of several federal programs to be privatized. In 1995, OPM created USIS pursuant to an employee stock ownership plan, made up primarily of former OPM employees who had previously performed or supported IS's background investigations as OPM employees. OPM then awarded USIS a sole-source contract to take over IS's background investigation functions. [1] That contract is scheduled to expire in July 2001. The procurement at issue here is to competitively acquire the required background investigations and related support functions. The RFP, issued October 15, 2000, contemplates the award of one or more indefinite-delivery/indefinite-quantity contracts with fixed prices for each of several types of background investigations and services required for a 2-year base period, with up to three 1-year option periods. Offerors are required to submit separate technical and price proposals. The RFP divides the work into two categories--investigations support and field investigations. Investigations support is to be provided at the Federal Investigations Processing Center (FIPC) in Boyers, PA, while field investigations are to be conducted in all 50 states, Washington, D.C., Puerto Rico, Guam, the U.S.