B-298380.3, Avue Technologies Corp., Carahsoft Technology Corp., November 15, 2006

B-298380.3 Nov 15, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Avue Technologies Corp. and Carahsoft Technology Corp. protest the terms of request for proposals (RFP) No. DHS-06-IRS05, issued by the Internal Revenue Service on behalf of the Department of Homeland Security (DHS), for a solution to automate DHS's recruitment and hiring processes. We deny the protest. View Decision B-298380.3, Avue Technologies Corp., Carahsoft Technology Corp., November 15, 2006 Decision Matter of: Avue Technologies Corp., Carahsoft Technology Corp. File: B-298380.3 Date: November 15, 2006 Frederick W. Claybrook, Jr., Esq., David C. Hammond, Esq., and Brian T. McLaughlin, Esq., Crowell & Moring, for the protesters. Lori R. Larson, Esq., and Richard M. Sudder II, Esq., Internal Revenue Service, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Clauses pertaining to data rights included in a solicitation issued for a solution to automate the agency's personnel recruitment and hiring processes do not violate applicable regulations where they only seek to protect the government's rights in government data pertaining to the government's personnel recruitment and hiring processes. 2. Solicitation providing for the award of a fixed-price, indefinite-delivery, indefinite'quantity contract for a solution to automate the agency's personnel recruitment and hiring processes, which requests that offerors provide fixed prices and provides for the evaluation of those prices, reasonably considers cost to the government; the fact that the solicitation does not also provide for the evaluation of other collateral agency personnel cost savings that the protesters claim will be achieved through the use of its automated service is unobjectionable. DECISION Avue Technologies Corp. and Carahsoft Technology Corp. protest the terms of request for proposals (RFP) No. DHS-06-IRS05, issued by the Internal Revenue Service on behalf of the Department of Homeland Security (DHS), for a solution to automate DHS's recruitment and hiring processes.[1] We deny the protest. By way of background, the solicitation explains that –DHS was formed through the consolidation of 22 agencies into 1 department to protect the nation against threats to the homeland,— and that –[w]ith this merger came a diverse assortment of human resource (HR) systems, policies, and processes that operate independently.— RFP at 19. The solicitation states that subsequent to the formation of DHS, a comprehensive –assessment of the HR systems in use across DHS— was performed, and that as part of the –overall effort to consolidate and modernize the HR systems, DHS has undertaken an initiative to consolidate toward an automated enterprise solution that can contribute to material improvements in the overall hiring process.— Id. Consistent with this initiative, the agency issued this RFP that seeks a commercial-off-the-shelf, –web-based, automated e-Recruitment solution, including all software, software documentation, implementation support, and services to support the full life cycle of an enterprise-wide hiring/recruitment system.— RFP at 4. The solicitation, issued pursuant to the commercial item procedures of Federal Acquisition Regulation (FAR) part 12, provides for the award of a fixed-price, indefinite-delivery/indefinite-quantity contract, for a base period of 1 year with four 1-year option periods. Award under the RFP is to be made to the offeror submitting the proposal determined to represent the best value to the Government, based upon the evaluation factors of technical requirements, corporate characteristics, and price. RFP at 4, 73-74. The protesters argue that certain provisions set forth in the solicitation are –in open disregard of the FAR concerning data rights in a commercial item procurement.—[2] Protest at 1. The agency explains that in preparing for the issuance of this solicitation, it convened a –working group to develop the functional and technical requirements,— and it conducted –extensive market research into the products and services available.— Contracting Officer's Statement at 2. The agency states that –[o]ne of the lessons learned from past acquisitions was that the Government had not previously protected its property,— and that –[a]s a result, at the termination of said contracts, the Government was precluded from using certain data . . . prospectively unless it received permission from the contractor or [the Government] could be potentially liable for fees for the reuse of data due to the data rights invoked by the contractor.— Id.