Information Ventures, Inc., B-293518; B-293518.2, March 29, 2004

Information Ventures, Inc., B-293518; B-293518.2, March 29, 2004 TITLE: Information Ventures, Inc., B-293518; B-293518.2, March 29, 2004 BNUMBER: B-293518; B-293518.2 DATE: March 29, 2004 ********************************************************************** Information Ventures, Inc., B-293518; B-293518.2, March 29, 2004 Decision Matter of: Information Ventures, Inc. File: B-293518; B-293518.2 Date: March 29, 2004 Bruce H. Kleinstein, Esq., for the protester. Mike H. Colvin, Department of Health and Human Services, for the agency. Charles W. Morrow, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that published synopsis expressing an agency*s intent to award a sole-source contract under simplified acquisition procedures was improper because the synopsis lacked necessary information is sustained where the synopsis did not accurately describe the agency*s requirements. DECISION Information Ventures, Inc. protests the proposed award of a sole-source contract to the National Council on Aging (NCOA) under purchase request No. 04M000050, issued by the Department of Health and Human Services (HHS), for educating health and social service providers on the "Get Connected Toolkit." Information Ventures challenges the propriety of the agency*s synopsis of the procurement. We sustain the protest. On December 16, 2003, HHS published a notice on the Federal Business Opportunities website (www.fedbizopps.gov) expressing its intent to award a sole-source contract to NCOA to educate health and social services providers on the Get Connected Toolkit using simplified acquisition procedures. The notice stated, in relevant part: The specific objective of this procurement is to plan and convene a conference aimed at the increasing aging services providers* knowledge around substance abuse and mental health issues facing older adults, and to teach them how to apply the *Get Connected Toolkit* in real life settings. The toolkit provides strategies to link providers with substance abuse and mental health experts/ organizations in their area. Sole source determination is based upon the contractor*s experience and expertise in working with aging services providers and providing vital services to geriatric populations. The contractor has over 50 years as a strong leader of the aging services network throughout the U.S. The contractor is a key to insuring that the toolkit will be accepted and used widely by the aging services network. The contractor has the relationships with its constituency to provide a conference for over 4,000 participants and the required training. The proposed simplified acquisition is for services for which the government intends to solicit and negotiate with only one source under the authority of FAR 6.302. No solicitation is available. For further information, please contact [the agency]. Agency Report (AR), Tab E, at 1-2 (emphasis added; original in all upper-case letters). The notice further provided that the period of performance was for 5 months from the date of award, and established December 30 as the closing date for responses. HHS explains that the Get Connected Toolkit was developed under a partnership with HHS*s Administration on Aging, the Substance Abuse and Mental Health Services Administration (SAMHSA), and NCOA. The kit is a resource tool, which includes fact sheets, videos, consumer brochures, training guides and curricula and a services resource guide. The kit is intended to help service providers for older adults identify, educate, and screen the elderly for potential emotional and substance abuse problems by promoting new links between the aging community, service providers, and the substance abuse and mental health communities. Following publication of the notice, Information Ventures filed this protest on December 18, arguing that the notice failed to adequately describe the contract tasks; that it did not request any specific information from potential contractors; and that it did not describe the basis upon which responses would be evaluated by HHS. The initial protest also asked for the statement of work. Under the Federal Acquisition Streamlining Act of 1994 (FASA), simplified acquisitions--used to purchase supplies and services, including construction, research and development, and commercial items, the aggregate amount of which does not exceed $100,000 (Federal Acquisition Regulation (FAR) S:S: 2.101, 13.000, 13.003(a))--are excepted from the general requirement that agencies obtain full and open competition through the use of competitive procedures when conducting procurements.[1] See 41 U.S.C. S:S: 253(a)(1)(A), (g)(1), and (g)(4) (2000).