OMNIPLEX World Services Corporation, B-291105, November 6, 2002

B-291105 Nov 06, 2002 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights OMNIPLEX World Services Corporation protests the award of a blanket purchase agreement (BPA) to B&W Technologies under request for proposals (RFP) No. OIS-2-00229, issued by the Immigration and Naturalization Service (INS) to obtain investigative services from three offerors holding a current federal supply schedule (FSS) contract with the General Services Administration (GSA) under schedule 738 X, Human Resources and Equal Employment Opportunity Services, special item number (SIN) 595 21. OMNIPLEX argues that the award to B&W was improper and contrary to the terms of the solicitation. We sustain the protest. View Decision B-291105, OMNIPLEX World Services Corporation, November 6, 2002 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: OMNIPLEX World Services Corporation File: B-291105 Date: November 6, 2002 Katherine S. Nucci, Esq., and Timothy Sullivan, Esq., Thompson Coburn, for the protester. Joel Alvarey, Esq., Immigration and Naturalization Service, for the contracting agency. Thedlus L. Thompson, Esq., for the General Services Administration. 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's award of a blanket purchase agreement to a firm pursuant to its federal supply schedule (FSS) contract was improper and contrary to the solicitation's terms is sustained where it is unclear from the record whether the services to be provided are within the scope of the offeror's FSS contract; the agency unreasonably determined that the offeror's proposal was technically acceptable; and the agency improperly failed to conduct the price realism evaluation required by the solicitation. DECISION OMNIPLEX World Services Corporation protests the award of a blanket purchase agreement (BPA) to B&W Technologies under request for proposals (RFP) No. OIS-2-00229, issued by the Immigration and Naturalization Service (INS) to obtain investigative services from three offerors holding a current federal supply schedule (FSS) contract with the General Services Administration (GSA) under schedule 738 X, Human Resources and Equal Employment Opportunity Services, special item number (SIN) 595 21. OMNIPLEX argues that the award to B&W was improper and contrary to the terms of the solicitation.[1] We sustain the protest. The INS is responsible for providing certification to institutions of learning that have demonstrated their ability to accept foreign students into their programs. Until recently, participating institutions gathered and submitted the required information manually. However, the INS is currently implementing a centralized, rapid-access electronic reporting system, the Student and Exchange Visitor Information Program, for tracking the more than one million foreigners who are in the United States to attend colleges, universities, and trade schools. As part of this initiative, INS will require that each school be investigated to determine whether it is capable of gathering and submitting information under the new requirements. The INS issued this solicitation to obtain the investigative services to conduct these site visits and assessments. The solicitation stated that INS intended to acquire these services by awarding a competitive BPA to three offerors who have a current contract with GSA under Schedule 738 X, Human Resources and Equal Employment Opportunity Services, SIN 595 21. RFP 3.1. This SIN, General Support Services, includes such services as planning, recruitment and internal placement, pre-employment screening, position classification, personnel actions, training, employee assistance, employee relations, and outplacement. See www.gsaelibrary.gsa.gov/elib/eLibrary.jsp, GSA E-Library Home Page. The RFP stated that all orders would be subject to the terms and conditions of each offeror's FSS contract. RFP 2.1. Award was to be made to the three offerors submitting technically acceptable proposals with the lowest prices, RFP 4.3, and offerors were required to ensure that their proposals fully complied with all RFP requirements. Id. 3.3.2.1. To demonstrate their technical capability, offerors were required to meet certain minimum requirements in order to earn a pass rating.[2] Among other things, offerors were required to demonstrate that they had immediate access to over 500 investigators and to demonstrate that these investigators were geographically dispersed throughout 40 or more states. RFP 3.3.2.1(1), 4.6.2.