Base Technologies, Inc., B-293061.2; B-293061.3, January 28, 2004
Case: B-293061.2
Agency:
Protester: Base Technologies, Inc., B
Date: 2004-01-28
Denied
Base Technologies, Inc., B-293061.2; B-293061.3, January 28, 2004
TITLE: Base Technologies, Inc., B-293061.2; B-293061.3, January 28, 2004
BNUMBER: B-293061.2; B-293061.3
DATE: January 28, 2004
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Base Technologies, Inc., B-293061.2; B-293061.3, January 28, 2004
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: Base Technologies, Inc.
File: B-293061.2; B-293061.3
Date: January 28, 2004
L. James D*Agostino, Esq., Richard L. Moorhouse, Esq., Leigh T. Hansson,
Esq., and Natalia W. Geren, Esq., Reed Smith, for the protester.
Michael D. Harbart, Esq., Department of Treasury, for the agency.
Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency*s consideration of key personnel*s lack of law enforcement, and
limited years of, experience was proper, where these matters were
reasonably encompassed within the solicitation*s evaluation criteria and
related to the solicitation*s requirements.
2. During discussions, an offeror need not be told of all weaknesses that
would enable it to achieve maximum evaluation score.
3. Agency may consider the references of one joint venture partner in
evaluating a joint venture offeror*s past performance where they are
reasonably predictive of performance of the joint venture entity.
4. Agency*s scoring of past performance was reasonable and consistent
with the solicitation*s evaluation criteria; protester*s argument that
agency failed to follow scoring scheme set forth in agency*s internal
evaluation plan does not provide a valid basis for protest.
DECISION
Base Technologies, Inc. (BTI) protests the award of a contract to
Lifecare-Advanta Joint Venture (LAJV) under request for proposals (RFP)
No. BPD-03-R-0010, issued by the Bureau of Public Debt, Department of
Treasury, for financial crimes investigative services. BTI contends the
agency conducted a flawed evaluation of both offerors* proposals, and held
inadequate discussions with BTI.
We deny the protests.
The Financial Crimes Investigative Network (FinCEN) provides intelligence
and analytical support to the international, federal, state, and local law
enforcement and regulatory communities. It provides analytical case
reports to investigators using state-of-the-art technology, in-house
analysts, and various data sources to uncover potential criminal
relationships. The FinCEN has a continuing requirement for on‑site
support related to these investigative services, which BTI currently
provides under a contract set to expire shortly.
The RFP, issued as a small business set-aside, sought a contractor to
provide on-site support for the FinCEN in five program areas: case
management, the USA Patriot Act, the commercial database program, the
gateway program, and the pro-active targeting program. As stated in the
RFP, case management support involves researching three classes of
information--commercially available data (e.g., ChoicePoint, Lexis-Nexis,
and Dun & Bradstreet databases), financial information (e.g., Bank Secrecy
Act reports and Department of Treasury databases), and law enforcement
information (e.g., FinCEN past cases, and databases from the Departments
of Treasury, Justice, and Defense)--and involves such tasks as mail
processing and telephone coverage, management of case information, and
target information processing. USA Patriot Act support requires services
related to an information-sharing service between law enforcement and
financial and regulatory communities with respect to the investigation of
financial crimes, money laundering, and terrorist activities, and includes
such tasks as research (which was noted in the RFP as the *highest
priority* to the FinCEN and the agencies supported by the FinCEN), case
opening and closing, maintenance of financial institutions* points of
contact and e-mail address logs, returning results to the requestor, and
archiving cases. Commercial database system and gateway system support
requires answering requests for user identifications and passwords,
maintaining logs and files of user access accounts, conducting database
searches, and responding to requests concerning the gateway process.
Pro-active targeting program support involves using artificial
intelligence technology to locate unusual or questionable financial
activity in various reports and financial records, and requires the
contractor to conduct research, organize data, and process the results in
the reports. RFP S: C.2.
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