OMNIPLEX World Services Corp., B-295698; B-295698.2, March 18, 2005

OMNIPLEX World Services Corp., B-295698; B-295698.2, March 18, 2005 TITLE: OMNIPLEX World Services Corp., B-295698; B-295698.2, March 18, 2005 BNUMBER: B-295698; B-295698.2 DATE: March 18, 2005 ********************************************************************** Decision Matter of: OMNIPLEX World Services Corp. File: B-295698; B-295698.2 Date: March 18, 2005 Katherine S. Nucci, Esq., and Timothy Sullivan, Esq., Thompson Coburn, for the protester. Dennis J. Gallagher, Esq., Department of State, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation provisions in indefinite-delivery/indefinite-quantity contract as unreasonably shifting risk to contractors is denied, where solicitation's assignment of risk was not shown to be unreasonable. DECISION OMNIPLEX World Services Corp. protests the terms of request for proposals (RFP) No. SALMEC-05-R-0002, issued by the Department of State (DOS) for construction security monitoring services at overseas and domestic DOS construction sites and storage areas. OMNIPLEX contends that the RFP contains certain provisions that unreasonably shift risk to contractors. We deny the protest. The RFP contemplated award of multiple indefinite-delivery/indefinite-quantity (ID/IQ) contracts for a base year with 4 option years. The minimum quantity for each year was stated to be $50,000, with a maximum quantity of $250,000,000 over the 5a**year contract period. Award was to be made on a best-value basis, considering (in descending order of importance) program management plan, experience, technical qualification and key personnel, and past performance. The RFP stated that the agency would also perform a cost and/or price analysis to determine whether the negotiated price was fair and reasonable. The RFP required that offerors provide "Site Security Personnel" for each site location consisting of Cleared American Guards (CAG) to staff guard posts and control access to site locations, Construction Surveillance Technicians (CST) to monitor persons associated with construction activities, Site Security Coordinators (SSC) to supervise the security activities and ensure that the security concerns were fully integrated with the construction plans and security programs, and Team Leaders to serve as the contractor's on-site representative at each work site. The RFP, as amended, required that each offeror submit in its response to the solicitation resumes for its key personnel, to include at a minimum resumes for its proposed program manager as well as for SSCs and Team Leaders "that it reasonably expects to perform on individual task orders." For designated SSCs and Team Leaders, the RFP also provided for the submission of resumes either with task order proposals or within 10A days of task order award if these particular resumes had not already been submitted. Resumes for CAGs and CSTs to be used on particular task orders were required to be submitted only upon the agency's request. RFP S L.7; amend. 4, SSA G.5.1, H.10. With regard to Section B pricing, offerors were to provide two sets of labor rates for each category of personnel--one for domestic and one for overseas locations--and an estimate of other direct costs (ODC) for domestic locations.[1] These labor rates were ceilings for task orders issued under the contract. The RFP specified that actual travel costs (which included transportation, lodging, meals, and incidental expenses) would be reimbursed in accordance with Federal Acquisition Regulation (FAR) SA 31.205-46, but that such costs were "not to exceed . . . [s]pecific limits on reimbursements for subsistence expenses [that] will be established in delivery order proposal requests consistent with local conditions." InA this regard, the RFP referred the offerors to Federal Travel Regulations and domestic and overseas per diem rates that are available on the General Services Administration website. RFP amend. 4, SA B.6.2.4. Housing for contractor personnel was to be obtained in accordance with Section H of the solicitation, which provided that the contractor was to obtain "best value" housing, in coordination with Post personnel. If the contractor was unable to find housing, it would beA provided by the Post. In addition, the RFP specified that "[t]he Government reserves the right to direct contractor to specific housing or may provide government owned/leased housing to the contractor." RFP amend. 4, SA H.11.9. The RFP required that all ID/IQ contract awardees be considered for award of each task order to be issued under the ID/IQ contracts.