Aleman & Associates, Inc., B-287275.2; B-287356.2, July 2, 2001

Aleman & Associates, Inc., B-287275.2; B-287356.2, July 2, 2001 TITLE: Aleman & Associates, Inc., B-287275.2; B-287356.2, July 2, 2001 BNUMBER: B-287275.2; B-287356.2 DATE: July 2, 2001 ********************************************************************** Aleman & Associates, Inc., B-287275.2; B-287356.2, July 2, 2001 Decision Matter of: Aleman & Associates, Inc. File: B-287275.2; B-287356.2 Date: July 2, 2001 Albert T. Aleman, Jr., Aleman & Associates, Inc., for the protester. Michael K. Cameron, Esq., Department of Justice, Immigration and Naturalization Service, for the agency. Jeanne W. Isrin, Esq., and Jerold D. Cohen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Cancellation of request for quotations (RFQ) for 1 year of janitorial and grounds maintenance services, with 4 option years, on the basis that the services had to be procured pursuant to the Javits-Wagner-O'Day (JWOD) Act, was improper where only services for 240 days or fewer had to be acquired under the statute. Related RFQ to cover a shorter term properly was canceled, however, since a reasonable basis existed for cancellation. DECISION Aleman & Associates, Inc. protests the cancellation of request for quotations Nos. ACD-8-Q-0024 (RFQ-0024) and ACD-1-Q-0008 (RFQ-0008), issued by the Immigration and Naturalization Service (INS), Department of Justice, for janitorial and grounds maintenance services at border patrol stations and related INS facilities in the Laredo, Texas area. We sustain the protest. The RFQs cover 12 facilities that employ Border Patrol agents who are responsible for apprehending illegal immigrants and maintaining custody of them at the facilities. INS previously had procured the required janitorial and grounds maintenance services for 11 of the facilities competitively, which had resulted in purchase orders to three different contractors; the twelfth facility, the Laredo North Station, was not open at that time. INS then decided to consolidate its requirements in the interest of higher quality performance, efficiency in acquisition, and consistency in services received, and in March 2000 issued RFQ-0024, set aside for small businesses, for long-term services (a 1-year base period plus 4 option years) to be provided at the original 11 facilities plus the Laredo North Station, which was scheduled to open on November 1, 2000. Five quotations were received on June 2, 2000. The agency evaluated them and made a competitive range determination, which included Aleman's quotation. Subsequently, amendments were issued, and revised quotations were received on August 25. Due to a protracted review process and a lack of personnel resources, evaluation of revised quotations was delayed. On February 12, 2001, Aleman protested the delay in making award, an alleged solicitation defect, and a competitive advantage that one vendor had improperly gained, according to Aleman. Further revised quotations were requested by February 20. Meanwhile, INS issued RFQ-0008 to competitively procure its short-term requirements for the 12 facilities until the procurement under RFQ-0024 was completed. [1] On March 5, Aleman protested RFQ-0008, arguing that the solicitation was ambiguous and reflected numerous violations of the Federal Acquisition Regulation (FAR). On March 20, INS canceled both RFQs based on the agency's determination that the required services had to be procured through the National Industries for the Severely Handicapped (NISH) pursuant to FAR Subpart 8.7, which implements the Javits-Wagner-O'Day Act (JWOD Act), 41 U.S.C. sect.sect. 46-48c (1994). Subsequently, the agency awarded a short-term contract for the required services (and added a 13th facility) through NISH (which represents JWOD-participating nonprofit agencies), for 1 month with an option to extend for 6 months. Aleman protested both cancellations on March 22, arguing that the agency was not required to procure either requirement from a mandatory source, and hence no reasonable basis for cancellation existed in either case. We agree with Aleman as to RFQ-0024 and we therefore sustain the protest of that cancellation. We deny the protest with respect to RFQ-0008. The JWOD Act provides authority for noncompetitive acquisitions for specified supplies or services. See FAR sect. 6.302-5(b)(2). The Act establishes the Committee for Purchase from People Who Are Blind or Severely Disabled (the Committee), and grants it exclusive authority to establish and maintain a procurement list of supplies and services provided by qualified nonprofit agencies for the blind or disabled. 41 U.S.C. sect.sect. 46(a), 47(a); see FAR Subpart 8.7. Once a service has been added to the procurement list, contracting agencies are required to acquire that service directly from a qualified workshop, if the service is available within the period required. 41 U.S.C. sect. 48; FAR sect.