Terra Surveys, B-294015, August 4, 2004

B-294015 Aug 04, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Terra Surveys protests the terms of request for quotations (RFQ) No. NCNT0000-4-00014, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for water level monitoring modernization services in Alaska. Terra challenges the agency's intended procurement of the services under a General Services Administration (GSA) Federal Supply Schedule (FSS), arguing that the services are architectural and engineering (A-E) in nature, and the agency thus must procure them under the specialized procedures prescribed by the Brooks Act, 40 U.S.C. 1101-1104 (2000). We deny the protest. View Decision B-294015, Terra Surveys, August 4, 2004 Decision Matter of: Terra Surveys File: B-294015 Date: August 4, 2004 Larry M. Whiting for the protester. Lynn W. Flanagan, Esq., Department of Commerce, and Thedlus L. Thompson, Esq., General Services Administration, for the agencies. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agency's failure to conduct procurement for upgrade of national water level observation network under specialized procedures of the Brooks Act for procurement of architectural-engineering services is denied where protester fails to demonstrate that Act is applicable to required services. DECISION Terra Surveys protests the terms of request for quotations (RFQ) No. NCNT0000-4-00014, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for water level monitoring modernization services in Alaska. Terra challenges the agency's intended procurement of the services under a General Services Administration (GSA) Federal Supply Schedule (FSS), arguing that the services are architectural and engineering (A-E) in nature, and the agency thus must procure them under the specialized procedures prescribed by the Brooks Act, 40 U.S.C. 1101-1104 (2000). We deny the protest. The RFQ seeks upgrade and operational field services at several of the agency's tide observation stations in Alaska. As part of the agency's effort to modernize its monitoring infrastructure, the RFQ calls for contractor services to install, deploy, and recover water level monitoring instrumentation at various observation sites (as well as to provide emergency recovery of drifting meter mooring buoys, install a new station and maintain others, and upgrade hardware and software). The solicitation requests quotations for a best value competition considering technical qualifications and price from firms holding contracts under the GSA schedule for environmental services, geographic information systems. In this regard, after determining that the RFQ performance requirements did not constitute traditional A-E services, and after conducting market research that showed that a number of qualified schedule contractors were available to perform the work, and receiving confirmation from GSA that the RFQ work was within the scope of the environmental services schedule, the agency decided to procure the services under the GSA schedule. [2] Terra contends that the RFQ is for A-E services relating to tidal data acquisition, mapping, and surveying, that require performance by registered architects or engineers or their employees, and thus, must be acquired under the Brooks Act. [3] Terra also contends that the agency is procuring hydrographic data and services, and that under the Hydrographic Services Improvement Act of 1998 (HSIA), 33 U.S.C. 892 et seq. (2000), the procurement of hydrographic data (such as data acquired through tide and current observations) used in providing hydrographic services (such as the certification of tidal data for use in the production of nautical charts) must be conducted under the specialized qualifications-based procedures of the Brooks Act. Terra points out that the RFQ mentions that an objective of the agency's modernization effort is to acquire new . . . tidal current measurements. While Terra does not identify any specific RFQ requirement for data acquisition work for mapping and surveying services by the contractor, the protester nonetheless interprets this generally stated objective as a performance requirement for the contractor to obtain and deliver hydrographic data and services, which Terra contends must be performed by a licensed A-E professional. [4] The agency contends that Terra has misinterpreted the RFQ's requirements in this regard; the agency asserts that Terra has unreasonably concluded that the contractor was to perform a generally stated agency objective to acquire tidal current measurements.