CW Government Travel, Inc.--Reconsideration; CW Government Travel,, B-295530.2; B-295530.3; B-295530.4, July 25, 2005
Case: B-295530.2
Agency:
Protester: CW Government Travel, Inc.
Date: 2005-07-25
Sustained In Part, Denied In Part
CW Government Travel, Inc.--Reconsideration; CW Government Travel,, B-295530.2; B-295530.3; B-295530.4, July 25, 2005
TITLE: CW Government Travel, Inc.--Reconsideration; CW Government Travel,, B-295530.2; B-295530.3; B-295530.4, July 25, 2005
BNUMBER: B-295530.2; B-295530.3; B-295530.4
DATE: July 25, 2005
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Decision
Matter of: CW Government Travel, Inc.--Reconsideration; CW Government
Travel, Inc.; CI Travel; The Alamo Travel Group; National Travel Service;
Bay Area Travel; Knowledge Connections
File: B-295530.2; B-295530.3; B-295530.4
Date: July 25, 2005
Lars E. Anderson, Esq., Benjamin A. Winter, Esq., and Julia M. Kiraly,
Esq., Venable LLP, for CW Government Travel, Inc.; and Josephine L.
Ursini, Esq., for CI Travel, The Alamo Travel Group, National Travel
Service, Bay Area Travel, and Knowledge Connections, the protesters.
Marc Stec, Esq., for SatoTravel, an intervenor.
Raymond M. Saunders, Esq., and Maj. Anissa N. Parekh, Department of the
Army, for the agency.
Jonathan L. Kang, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging solicitation's price evaluation scheme is
sustained where offerors are not required to propose binding transaction
and management fees for the services being procured under the
solicitation, thereby precluding the agency from meaningfully evaluating
proposals' cost to the government, and where the agency has not explained
why it cannot request and evaluate this pricing information. 2. Request
for reconsideration of prior bid protest decision is denied where new
information regarding agency's determination of solicitation's guaranteed
minimum amount provides no basis to disturb the decision.
DECISION
CW Government Travel, Inc. (CWGTI), CI Travel, The Alamo Travel Group,
National Travel Service, Bay Area Travel, and Knowledge Connections
protest the terms of request for proposals (RFP) No. W91QUZ-04-R-0014,
issued by the Department of the Army for commercial travel office services
under the developmental, automated Defense Travel System (DTS)
program.[1] The protesters primarily contend that the price evaluation
scheme of the RFP is flawed. CWGTI additionally requests reconsideration
of our decision in CW Gov't Travel, Inc., B-295530, Mar. 7, 2005, 2005 CPD
Paragraph 59, in which we concluded that the RFP's guaranteed minimum
amount was legally adequate.
We sustain the protests in part and deny them in part. We also deny the
request for reconsideration.
The RFP anticipates multiple awards of indefinite-delivery,
indefinite-quantity (ID/IQ) contracts for Department of Defense (DOD)
worldwide travel agent services. The base ordering period is 2 years,
with three 1-year option ordering periods. RFP amend. 9, at 22.
Subsequent task orders will be competed among the ID/IQ contract
awardees. The RFP seeks to consolidate and standardize travel services
within DOD under a single procuring activity. The DTS services are
intended to replace "traditional" travel services, which require direct
communication between government travel customers and travel agents, with
an automated, paperless system. However, because of ongoing DTS
transition efforts under a separate contract, the contractors will be
required to provide both traditional non-automated as well as DTS
services. Task orders will be issued for various regions, and the task
order amounts will consist of transaction fees paid to contractors for
processing travel arrangements and fixed-price monthly management fees for
provision of travel support services. During the performance of task
orders, individual DOD activities will place travel orders with the
contractors which have received task orders; the contractor will process
the travel transaction using the ordering activity's funds, and will
receive a fee for each transaction processed.
The RFP states that award will be made to responsible offerors whose
proposals are "the most advantageous/best value" to the government based
on the following factors, in decreasing order of importance: performance
risk, technical, extent of participation of small and small disadvantaged
business concerns, and price. RFP amend. 9, at 23. The non-price
factors, when combined, "are significantly more important than price."
Id.
The RFP requires offerors to respond to two sample tasks to evaluate
"[o]fferor's capability to perform travel services in accordance with the
terms and conditions of the Request for Proposal[s] under the Full and
Open solicitation." RFP amend. 10, Sample Tasks, at 1.
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