SOS International, Ltd., B-295533.2; B-295533.3, July 1, 2005

SOS International, Ltd., B-295533.2; B-295533.3, July 1, 2005 TITLE: SOS International, Ltd., B-295533.2; B-295533.3, July 1, 2005 BNUMBER: B-295533.2; B-295533.3 DATE: July 1, 2005 ********************************************************************** Decision Matter of: SOS International, Ltd. File: B-295533.2; B-295533.3 Date: July 1, 2005 Jessica C. Abrahams, Esq., Alison L. Doyle, Esq., and Jason N. Workmaster, Esq., McKenna Long & Aldridge LLP, for the protester. Kristen A. Bennett, Esq., Moore & Lee, LLP, for McNeil Technologies, Inc., an intervenor. Sheryl A. Butler, Esq., U.S. Department of Justice, Drug Enforcement Administration, for the agency. Monica P. Anatalio, Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Bid that included tiered pricing where solicitation did not contemplate bidding on such a basis is nonetheless responsive where record shows that awardee's pricing scheme did not condition the bid in any way, and bid is low using any of the tiered prices. 2. Where solicitation provided for award of contract on indefinite quantity basis, bid that offered larger quantity than maximum specified in solicitation is responsive, where bid did not limit government's right to purchase only up to the maximum quantity specified in the solicitation or otherwise condition the firm's pricing or performance on the government's buying the larger quantity. DECISION SOS International Ltd. protests the award of a contract to McNeil Technologies, Inc. under Drug Enforcement Agency (DEA) request for proposals (RFP) No. DEA-04-R-0012, for linguistic services in support of law enforcement efforts at DEA's San Diego Field Division. SOS contends that DEA should have rejected McNeil's bid as nonresponsive. We deny the protest. The solicitation contemplated the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract for a base year, with four 1-year options, to provide law enforcement support services, including interception, monitoring, translation and transcription. The RFP was issued as a two-step sealed bid acquisition under Federal Acquisition Regulation (FAR) Section 14.5. During the first step, interested firms submitted technical proposals that were evaluated to determine their acceptability. During the second step, a formal invitation for bids (IFB) was issued to those firms found to have submitted acceptable technical proposals. See id. During the course of the acquisition, the agency issued a number of amendments to the solicitation. Relevant here, contract line item number (CLIN) 0003 erroneously listed a maximum of 66,000 hours instead of the agency's actual requirement, which was for 50,000 hours. Consequently, DEA amended the solicitation to reflect the 50,000 hour figure. The agency received 10 technical proposals, seven of which were found to be technically acceptable. The seven firms submitting the technically acceptable proposals were thereafter requested to submit bids. At bid opening, McNeil's was the apparent low bid. After reviewing McNeil's bid, the agency initially determined that it was nonresponsive because McNeil had used tiered pricing in CLIN 0003, 0004, 0005, 0006 and 0009. More specifically, while the solicitation called for a single unit price for each CLIN, McNeil's bid included more than one price for each CLIN, with the price varying depending upon the quantity ordered (for example, under CLIN 0004, McNeil bid $26.93 per hour for the first 400 hours, and $24.03 for all hours in excess of 400 hours, up to the specified maximum quantity of 15,000 hours). In addition, McNeil's bid sheet showed the original 66,000 hour maximum quantity for CLIN 0003, rather than the amended 50,000 hour figure. Finally, for CLIN 0002, McNeil's bid schedule included the title "team leader" rather than the term "shift supervisor," as provided for in the solicitation. Based on these perceived deficiencies, the contracting officer advised McNeil that its bid had been found nonresponsive. McNeil protested the agency's decision to our Office. In response to that protest, the agency advised us that it intended to reconsider the McNeil bid, and we dismissed McNeil's protest as academic. (B-295533, Jan. 10, 2005). Thereafter, McNeil and the agency engaged in several rounds of correspondence. As a result of that correspondence, McNeil was permitted to substitute the correct 50,000 hour maximum quantity for CLIN 0003 (replacing the 66,000 hour figure), to correct minor mathematical errors in its overtime rates, and to substitute the term "shift supervisor" for "team leader" in its bid schedule. The seven technically acceptable bids then were reevaluated, and it was determined that McNeil's revised bid of $12,252,065 was low; SOS's bid of $13,889,265 was next low.