B-310155, SAGE Systems Technologies, LLC, November 29, 2007

B-310155 Nov 29, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights SAGE Systems Technologies, LLC, protests the award of a contract to Drayton, Drayton, and Lamar (DD&L) by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Justice, under request for proposals (RFP) No. BATF-0703, for data entry support services. We deny the protest. View Decision B-310155, SAGE Systems Technologies, LLC, November 29, 2007 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: SAGE Systems Technologies, LLC File: B-310155 Date: November 29, 2007 William K. Walker, Esq., Walker Reausaw, for the protester. Ralph G. Bittelari, Esq., Department of Justice, for the agency. Nora K. Adkins, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The agency properly accepted the awardee's proposal that employed a particular labor category to perform service contract work, where it did not violate any solicitation provisions; contention that the use of the proposed labor category would violate the Service Contract Act will not be considered by GAO because it is a matter for consideration by the Department of Labor. DECISION SAGE Systems Technologies, LLC, protests the award of a contract to Drayton, Drayton, and Lamar (DD&L) by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Justice, under request for proposals (RFP) No. BATF-0703, for data entry support services. We deny the protest. The RFP, issued as a competitive section 8(a) set-aside, contemplated the award of a contract to support, at three locations, the ATF's Firearms and Explosive Services Division's Enforcement Programs and Services database, which contains information pertaining to the manufacturing, dealing, and importing of ammunition, implements of war, explosives, and firearms. The RFP's statement of work identified such typical contract tasks as screening forms and documents; entering and retrieving data; processing hard and soft mail; monitoring and controlling facsimile communications; photocopying; operating and monitoring various office machines; updating and printing reports; and coordinating, assembling and mailing packages required under the contract. The offerors were informed through the RFP's amendments and answers to offeror's questions that the ATF expected to maintain the current staffing levels at each location, a total of 37 employees, although it was –not limiting the solicitation to the current staffing situation— and that offerors could –identify [any] labor category needed as documented in the wage determination.— RFP amend. 6 at 1; RFP amend 7 at 1. The RPF incorporated the contract clause at Federal Acquisition Regulation (FAR) sect. 52.222-41, –Service Contract Act [SCA] of 1965, as Amended— RFP sect. I.9. The solicitation also incorporated the clause at FAR sect. 52.222-42, –Statement of Equivalent Rates for Federal Hires— as follows: In compliance with the [SCA], and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of employees expected to be employed under the contract . . . This Statement is for Information Only: It is not a Wage Determination. Employee Class Monetary Wage/Fringe Benefit Computer Operator 2 $17.47 Data Entry Operator 1 $11.02 General Clerk 1 $12.83 General Clerk 2 $14.20 RFP sect. I.10. The RFP also included wage determinations applicable to the three contract locations that established the minimum applicable SCA wages and benefits. Proposals were to be evaluated based on four criteria listed in descending order of importance: past performance, technical/management approach, qualifications of key personnel, and price. Price was to be evaluated for reasonableness by comparing the offerors' proposed prices with the proposed prices of other offerors competing for the requirement. RFP sect. M-3. The ATF received 34 proposals in response to the solicitation. Eight proposals were included in the competitive range. The ATF determined that the awardee's and protester's proposals were the highest rated and were technically equal, which made price the deciding factor between these two offerors. DD&L's price for the base year and 4 option years was $9,032,959, while SAGE's price was $10,871,513. The ATF determined DD&L's lower-priced proposal was the best value, and made award to that firm.