Photo Science, Inc., B-296391, July 25, 2005

B-296391 Jul 25, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Photo Science, Inc. protests request for proposals (RFP) No. N68711-05-R-8004, issued by the Department of the Navy, Naval Facilities Engineering Command, for natural and cultural survey services in California, Arizona, Nevada and New Mexico. Photo Science protests that these services are architectural and engineering (A-E) services that must be procured using the specialized procedures prescribed by the Brooks Act. We deny the protest. View Decision B-296391, Photo Science, Inc., July 25, 2005 Decision Matter of: Photo Science, Inc. File: B-296391 Date: July 25, 2005 Kurt W. Allen for the protester. Robert E. Little, Jr., Esq., and V. Paul Clay, Esq., Department of the Navy, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency did not abuse its discretion in determining that services to identify, measure and analyze natural resource habitats and cultural resource sites, using Global Positioning System services and Geographic Information Systems data management services, are not surveying services subject to the Brooks Act procedures applicable to the procurement of architectural and engineering services. DECISION Photo Science, Inc. protests request for proposals (RFP) No. N68711-05-R-8004, issued by the Department of the Navy, Naval Facilities Engineering Command, for natural and cultural survey services in California, Arizona, Nevada and New Mexico. Photo Science protests that these services are architectural and engineering (A-E) services that must be procured using the specialized procedures prescribed by the Brooks Act. We deny the protest. Under the Brooks Act, 40 U.S.C.A. Sections 1101-1104 (West 2005), [1] agencies must publicly announce all requirements for A-E services and select contractors for A-E work on the basis of demonstrated technical competence and qualifications. The procedures do not include price competition; rather, the agency must select the most highly qualified firm and negotiate a contract with that firm at a fair and reasonable level of compensation. Terra Surveys , B-294015, Aug. 4, 2004, 2004 CPD Paragraph 155 at 1 n.1; Forest Serv., Dept. of Agriculture--Request for Advance Decision , B-233987, B-233987.2, July 14, 1989, 89-2 CPD Paragraph 47 at 2. The RFP, issued April 18, 2005, was not issued using Brooks Act procedures. Instead, the RFP used negotiation procedures that include price as an evaluation factor. The RFP contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity, task order contract for 1 year with 5 option years. The RFP, as amended, summarized the contract requirements as follows: The Contractor shall furnish all labor, management, supervision, materials, equipment, travel and transportation necessary to identify, measure and analyze natural resources habitats and the vegetation and wildlife components thereof and/or cultural resources sites and their related components by providing Global Positioning System (GPS) Natural Resources Surveys, Geographic Information Systems (GIS) Data Management, and Aerial Photography Services at various locations in California, Arizona, Nevada, and New Mexico. The majority of the work will be in California. The contractor shall meet all requirements in [attachment] J-C1 for in-house forces prior to award. This contract will not involve the practice of "Land Surveying". RFP, amend. 1, Section C.1.1. Attachment J-C1 states the experience and education requirements for the following contractor employees: senior GIS analyst, senior biologist, field supervisor, GPS technician, and GIS technician.