AirTrak Travel etal., B-292101; B-292101.2; B-292101.3; B-292101.4; B-292101.5, June 30, 2003
Case: B-292101
Agency:
Protester: AirTrak Travel etal., B
Date: 2003-06-30
Sustained
AirTrak Travel etal., B-292101; B-292101.2; B-292101.3; B-292101.4; B-292101.5, June 30, 2003
TITLE: AirTrak Travel etal., B-292101; B-292101.2; B-292101.3; B-292101.4; B-292101.5, June 30, 2003
BNUMBER: B-292101; B-292101.2; B-292101.3; B-292101.4; B-292101.5
DATE: June 30, 2003
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AirTrak Travel etal., B-292101; B-292101.2; B-292101.3; B-292101.4; B-292101.5,
June 30, 2003
Decision
Matter of: AirTrak Travel etal.
File: B-292101; B-292101.2; B-292101.3; B-292101.4; B-292101.5
Date:June 30, 2003
Josephine L. Ursini, Esq., for AirTrak Travel et al., and Lars E.
Anderson, Esq., J. Scott Hommer, III, Esq., and Benjamin A. Winter, Esq.,
Venable, Baetjer and Howard, for Alexander Travel Ltd. and El Sol Travel.
Capt. Anissa Parekh, Robert E. Dudley, Esq., Maj. Art J. Coulter, and
Raymond M. Saunders, Esq., Department of the Army, for the agency.
Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Attorneys' requests for admission to GAO protective order are granted,
notwithstanding agency's objections, where the attorneys have provided
evidence that they are not competitive decisionmakers for a client (or
another relevant firm), which has not been rebutted by the agency.
2. Solicitation for a fixed-priced contract to provide travel management
services which required contractors to use developmental software did not
place undue risks on offerors where the agency identified the performance
uncertainties and provided sufficient information to allow offerors to
intelligently prepare their proposals.
3. Solicitation contemplating multiple awards to small businesses for
travel management services, which grouped the 87 nationwide locations into
28 *travel areas,* did not constitute improper bundling in violation of
the Competition in Contracting Act of 1984, where the procurement approach
was reasonably required to satisfy the agency's legitimate needs.
4. Under a solicitation contemplating multiple awards for travel
management services in 28 *travel areas,* agency, which provided general
advice to the offerors as to what it would consider in deciding how many
travel areas an offeror, apparently in line for award under these travel
areas, would be capable of performing, is not required to furnish further
precise details about how it would perform this aspect of the evaluation.
5. Where an amendment to a solicitation, issued after proposals were
received, significantly changed the offered contractual relationship of
the parties by shifting significant risk to the government, the agency was
required to reopen the competition to firms that did not submit proposals
because the record evidenced that some firms may not have submitted
proposals because of this risk.
6. Price evaluation scheme for travel management procurement does not
provide a reasonable basis for comparing the relative costs of the
proposals, where prices for categories of services which will not be
provided are part of the scheme.
DECISION
Several small businesses protest the terms of request for proposals (RFP)
No. DABL01-03-R-1001, issued as a small business set-aside by the
Department of the Army, Information Technology, E-Commerce and Commercial
Contracting Center, for travel services. They protest that the
solicitation places undue risk and burden on the offerors, that the agency
has not disclosed sufficient information to enable offerors to
intelligently prepare proposals, that the requirements were improperly
bundled into one large multi-award procurement, that the grouping of the
travel locations for each award was unreasonable, that the evaluation
scheme did not sufficiently detail how awards would be made, that the
agency improperly failed to reopen the competition after issuing a
material amendment, and that the price evaluation scheme was defective.
We sustain the protests in part and deny them in part.
BACKGROUND
This procurement is part of the Department of Defense's (DoD) effort to
reengineer the DoD travel process. DoD identified this process during the
National Performance Review in 1993 as being in need of reengineering
because it was fragmented, inefficient, expensive to administer, and
occasionally an impediment to mission accomplishment. In 1995, DoD
established what became the Defense Travel System Program Management
Office (DTS/PMO), whose mission was to acquire travel services DoD-wide,
and support mission requirements, reduce costs, and provide superior
customer service.[2] The DTS/PMO initiated the Defense Travel System
Program to procure a software-based travel system, designated the DTS.
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