Global Solutions Network, Inc., B-294054; B-294054.2, August 10, 2004
Case: B-294054
Agency:
Protester: Global Solutions Network, Inc., B
Date: 2004-08-10
Denied
Global Solutions Network, Inc., B-294054; B-294054.2, August 10, 2004
TITLE: Global Solutions Network, Inc., B-294054; B-294054.2, August 10, 2004
BNUMBER: B-294054; B-294054.2
DATE: August 10, 2004
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Decision
Matter of: Global Solutions Network, Inc.
File: B-294054; B-294054.2
Date: August 10, 2004
Gerald H. Werfel, Esq., Pompan, Murray & Werfel, for the protester.
David T. Copenhaver, Esq., Bureau of the Public Debt, Department of the
Treasury, for the agency.
Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Cancellation of request for proposals for support services is
unobjectionable where agency reasonably determined that the solicitation
failed to reflect its minimum needs.
DECISION
Global Solutions Network, Inc. protests the cancellation of request for
proposals (RFP) No.A BPD-02-R-0018, issued by the Bureau of the Public
Debt, Department of the Treasury, for support services. Global maintains
that the decision to cancel the solicitation lacks a reasonable basis.
We deny the protest.
The Bureau of the Public Debt awards contracts on behalf of the Department
of the Treasury's nine FedSource branch offices, which operate as part of
the Department of the Treasury's *franchise fund." [2] The branch offices
essentially market and provide a wide range of support services to other
agencies on a reimbursable basis.
On August 23, 2002, the Bureau of the Public Debt issued the subject RFP
as a
set-aside for small business concerns, with a portion reserved for
Historically Underutilized Business Zone (HUBZone) concerns, to provide
the FedSource-Denver office with a contractual mechanism for ordering
*various support services" for its customers, which include *other federal
agencies." Contracting Officer's Statement at 1; RFP S C.2.a.
The RFP contemplated multiple awards of
indefinite-delivery/indefinite-quantity contracts with a base period of 1
year plus four 1-year option periods. Offerors could compete for the
award of a HUBZone contract with a nationwide geographic scope (excluding
the state of Colorado); a non-HUBZone nationwide contract (excluding
Colorado); a Colorado-only contract; or a combination of these awards.
RFP S M.2.b. Offerors competing for the nationwide contracts were advised
that they must be *immediately capable of providing services on a
nationwide basis in at least 50% of the states in the continental United
States in all four labor
categories . . . ." RFP S M.2.c.
The RFP divided the general requirement for support services into four
labor categories: (1) general administrative, (2) technical, (3)
professional, and
(4) industrial, and indicated that task orders could be issued on a
fixed-price, labor-hour, or time-and-materials basis for the services
provided.[3] The aggregate value of the task orders issued under the
contracts awarded could not exceed $250 million. RFP S B.4.
By the RFP closing date, the agency had received 14 proposals for the
nationwide portion of the solicitation and 23 proposals for the Colorado
portion. On
September 9, 2003, the agency identified nine apparent successful
offerors. Prior to award, however, the agency received five small
business size protests, which were submitted to the Small Business
Administration for resolution. All of the protests and appeals were
ultimately resolved by April 20, 2004.
While the size protests and appeals were pending, the Acting Franchise
Fund Manager made a decision to consolidate contracts across the nine
FedSource offices. This decision was documented in an internal memorandum
dated March 12, 2004. The memorandum explained that consolidation was
intended to eliminate *wasted time, effort and expense" for FedSource, the
Bureau of the Public Debt, and their contractors resulting from the nine
FedSource offices operating as separate autonomous entities and issuing
duplicate contracts with different terms and conditions. Agency Report,
Tab 16. In addition, the memorandum noted that there was an immediate
need to award a contract to cover several of the FedSource offices, and
because the subject FedSource-Denver solicitation did not have a dollar
ceiling high enough to cover the needs of the other FedSource offices, the
agency determined that it made *good business sense" to issue a master
contract for all nine offices, otherwise the agency would *have yet
another set of different contracts to manage and eventually merge
anyway." Id.
Thereafter, the contracting officer issued a letter dated April 27, 2004
canceling the solicitation.
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