B-299422; B-299422.2, Information Ventures, Inc., May 1, 2007

B-299422; B-299422.2, Information Ventures, Inc., May 1, 2007 TITLE: B-299422; B-299422.2, Information Ventures, Inc., May 1, 2007 BNUMBER: B-299422; B-299422.2 DATE: May 1, 2007 ************************************************************* B-299422; B-299422.2, Information Ventures, Inc., May 1, 2007 Decision Matter of: Information Ventures, Inc. File: B-299422; B-299422.2 Date: May 1, 2007 Bruce H. Kleinstein for the protester. Doris Gibson, Department of Health and Human Services, and Michael D. Tully, Esq., General Services Administration, for the agencies. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined that services involving environmental consulting in maintaining and enhancing the Chemical Carcinogenesis Research Information System database were included in, and could be obtained from vendors holding contracts under, a Federal Supply Schedule Special Item Number for environmental planning services and documentation. DECISION Information Ventures, Inc. protests the acquisition by Department of Health and Human Services (HHS), National Institutes of Health, National Library of Medicine (NLM), of the maintenance and enhancement of the Chemical Carcinogenesis Research Information System (CCRIS) database from the General Services Administration's (GSA) Federal Supply Schedule (FSS). Information Ventures argues that the determination to purchase from the FSS was improper because the required services and subject matter do not fall within the scope of the selected FSS Special Item Number (SIN) 899-1--Environmental Planning Services and Documentation. We deny the protests. The CCRIS is an online, scientifically evaluated and fully referenced, environmental database originally created by the National Cancer Institute. In 1985, CCRIS was mounted on the NLM Toxicology Data Network (TOXNET) system, and the database was maintained using TOXNET data input software. The database contains data and the results of research studies for over 9,000 environmental chemical compounds that fall within the selected areas of carcinogenicity, mutagenicity, tumor promotion, and tumor inhibition. Specific indexing and full bibliographic references are included in the database. The CCRIS had previously been maintained under a contract that expired in June 2006, at which time all CCRIS work stopped. HHS then explored the possibility of obtaining these services under the FSS and asked GSA to identify the applicable FSS schedule. GSA advised HHS that these services fell under SIN 899-1, Environmental Planning Services and Documentation. GSA then solicited these services from FSS vendors under this SIN. Information Ventures, which is not an FSS vendor, protests the agency's actions, and argues that the determination to purchase from the FSS was improper because the required services and subject matter do not fall within SIN 899-1, Environmental Planning Services and Documentation. As a general rule, contracting agencies are required to obtain full and open competition in the procurement of supplies and services. 41 U.S.C. sect. 253(a)(1)(A) (2000); Federal Acquisition Regulation (FAR) sect. 6.101. The FSS program, directed and managed by GSA, provides agencies with a simplified process for obtaining commonly used commercial supplies and services. FAR sect. 8.401(a). The procedures established for the FSS program satisfy the requirement for full and open competition. 41 U.S.C. sect. 259(b)(3); FAR sect. 6.102(d)(3); OMNIPLEX World Servs. Corp., B-291105, Nov. 6, 2002, 2002 CPD para. 199 at 4. Non-FSS products and services, however, may not be purchased using FSS procedures; instead, their purchase requires compliance with the applicable procurement laws and regulations, including those requiring the use of competitive procedures. See FAR sect. 8.401(d); OMNIPLEX World Servs. Corp., supra. As indicated, both HHS and GSA found the required services fall within SIN 899-1.