B-311137, National Conference Services, Inc. and Direct Marketing Productions, Inc. d/b/a Technology Forums, Inc., April 25, 2008

B-311137 Apr 25, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights National Conference Services, Inc. and Direct Marketing Productions, Inc. d/b/a Technology Forums, Inc. (TFI) protests the cancellation of request for quotations (RFQ) No. 254367, issued by the Defense Information System Agency (DISA) for conference meeting, event and trade show support and services for the DISA Customer Partnership Conference. The protester contends that the decision to cancel the RFQ was merely a pretext to avoid competition. We deny the protest. View Decision B-311137, National Conference Services, Inc. and Direct Marketing Productions, Inc. d/b/a Technology Forums, Inc., April 25, 2008 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: National Conference Services, Inc. and Direct Marketing Productions, Inc. d/b/a Technology Forums, Inc. File: B-311137 Date: April 25, 2008 Antonio R. Franco, Esq., Jonathan T. Williams, Esq., and Gunjan R. Talati, Esq., Piliero Mazza, PLLC, for the protester. Stephanie A. Kreis, Esq., and William Mayers, Esq., Defense Information System Agency, for the agency. Linda C. Glass, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that an agency unreasonably canceled a request for quotations for conference planning services after the receipt of proposals is denied where: (1) the agency decided to continue its co-sponsorship of an annual conference with a recognized scientific, technical, educational or professional organization, as allowed by the Department of Defense's Joint Ethics Regulation; (2) the agency officials involved have explained that they were using the procurement system in good faith, and were not soliciting contractors for the purpose of bringing pressure on their previous conference co-sponsor; and (3) the agency officials involved concluded that a continued partnership with the previous conference co-sponsor was in the government's best interest. DECISION National Conference Services, Inc. and Direct Marketing Productions, Inc. d/b/a Technology Forums, Inc. (TFI) protests the cancellation of request for quotations (RFQ) No. 254367, issued by the Defense Information System Agency (DISA) for conference meeting, event and trade show support and services for the DISA Customer Partnership Conference. The protester contends that the decision to cancel the RFQ was merely a pretext to avoid competition. We deny the protest. DISA has been hosting its Customer Partnership Conference for the past 5 years, with the Air Force Communications and Electronic Association (AFCEA) serving as its co-sponsor. AFCEA is an –international non-profit association serving the military, government, industry and academia as a forum for advancing professional knowledge and relationships in the fields of communications IT intelligence and global security.— Contracting Officer's (CO) Statement at 1. After using the co-sponsorship arrangement for the 5 prior years, the agency decided to issue a solicitation for a –no cost— conference support services contract for the 2009, 2010, and 2011 conferences. On November 16, 2007, DISA issued the RFQ seeking discounted General Service Administration (GSA) schedule pricing. The RFQ required vendors to provide a full range of conference planning services, including the planning, marketing, registration, set-up, on-site administration, coordination and management of all logistical components of the conference. RFQ attach. 1, at 2. The RFQ contemplated the award of a fixed-price contract and announced that quotes would be assessed under four evaluation factors: technical/management approach, past performance, other non-cost factors, and cost/price. RFQ Attach. 2. The RFQ advised that the factors of technical/management would be approximately equal in value, and that other non-cost factors would be the least important factor. The RFP also indicated that the non-cost factors would be significantly more important than the cost/price factor, and that award would be made to the quotation offering the best value to the government. Id. The agency received quotations from eight small business concerns by the December 3 due date, but the quotations were never forwarded to the evaluation team. On the same day, DISA's Director of Strategic Planning and Information--the senior agency official responsible for this conference--decided to take another course. In a message to agency staff involved in the ongoing procurement, he announced: I met with AFCEA this noon. They made [the] required [] concessions. I want to stay with them for conference support. So, I do not want us to make an award for conference support from the RFP [sic] responses. Thanks[.] Agency Report (AR), Tab 13.