Labat-Anderson, Inc., B-287081; B-287081.2; B-287081.3, April 16, 2001
Case: B-287081
Agency:
Protester: Labat
Date: 2001-04-16
Denied
Labat-Anderson, Inc., B-287081; B-287081.2; B-287081.3, April 16, 2001
TITLE: Labat-Anderson, Inc., B-287081; B-287081.2; B-287081.3, April 16, 2001
BNUMBER: B-287081; B-287081.2; B-287081.3
DATE: April 16, 2001
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Labat-Anderson, Inc., B-287081; B-287081.2; B-287081.3, April 16, 2001
Decision
Matter of: Labat-Anderson, Inc.
File: B-287081; B-287081.2; B-287081.3
Date: April 16, 2001
Thomas L. McGovern, III, Esq., Michael J. Vernick, Esq., Agnes P. Dover,
Esq., and Janet P. Holt, Esq., Hogan & Hartson, for the protester.
Rand L. Allen, Esq., Kevin J. Maynard, Esq., Scott M. McCaleb, Esq., and
Janet L. Eichers, Esq., Wiley, Rein & Fielding, and Peter M. Kilcullen,
Esq., Bell, Boyd & Lloyd, for JHM Research and Development, Inc., an
intervenor.
Michael K. Cameron, Esq., Immigration and Naturalization Service, 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
Protest that contracting agency improperly eliminated proposal from
consideration for award because it failed to comply with solicitation
requirement to clearly explain the rationale for including hard-coded
entries in electronic version of its priced estimating model is denied where
the record shows the agency reasonably found the protester's explanation for
these entries insufficient, and where the solicitation specifically provided
that this failure could result in the elimination of a proposal from
consideration.
DECISION
Labat-Anderson, Inc. protests the award of a blanket purchase agreement
(BPA) to JHM Research and Development, Inc. under request for quotations
(RFQ)
No. HQ-0-Q-0044, issued by the Immigration and Naturalization Service (INS)
to obtain service center operations support services for its direct mail and
records management program. Labat contends that INS improperly evaluated its
price proposal and eliminated its proposal from consideration based upon the
results of that evaluation; improperly evaluated its technical proposal;
failed to conduct meaningful discussions with the firm; and performed a
flawed best value analysis leading to the selection of JHM's proposal for
award.
We deny the protests.
BACKGROUND
Under INS's direct mail and records management program, aliens seeking
benefits under immigration and nationality laws are required to mail their
applications and petitions to one of four service centers located across the
United States. RFQ Statement of Work (SOW) para. 2. The services required to
support the program include the following task areas: mailroom operations;
file assembly; data collection, capture, and scanning; document preparation;
fee collection and processing; fileroom operations; word processing; quality
control; project management; business process reengineering; and other
records management functions. SOW para. 3. INS currently processes approximately
5 million applications and petitions annually. Id.
Pursuant to this RFQ, issued June 26, 2000, INS planned to award a single
BPA to a contractor holding a Federal Supply Schedule (FSS) contract under
the General Services Administration's Document Management Services and
Products Schedule, Special Item Number (SIN) 51-504, "Records Management
Services," and other applicable SINs. INS estimated that the volume of
purchases through this agreement would be $344 million over 60 months. RFQ para.
2.3. The initial task order was to be issued on a fixed-price basis, and
follow-on task orders were to be issued on fixed-price or time-and-materials
bases. RFQ para. 1.1.
Offerors were required to submit separate technical and price proposals for
evaluation by a technical evaluation committee (TEC) and a business
evaluation committee (BEC), respectively. Proposals were to clearly
demonstrate the offeror's understanding of the overall and specific
requirements of the proposed BPA, and any proposal in which material
information requested was not furnished or where indirect or incomplete
answers or information were provided might be considered unacceptable. RFQ para.
3.4. Offerors were required to submit both hard and electronic copies of
their proposals. RFP para. 3.4.9.
Award was to be made to the offeror whose proposal represented the best
value to the government based on three evaluation factors: technical
approach, past performance, and price. The technical approach and past
performance factors were equally weighted, and the two combined were
significantly more important than price. RFQ para. 3.3.
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