U S Investigations Services, LLC

B-410454.2 Jan 15, 2015 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights US Investigations Services, Professional Services Division, Inc. (USIS) protests the issuance of a delivery order to FCi Federal, Inc. under request for quotations (RFQ) No. DFJ-14-1700-PR-0011678, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for services in connection with the agency's Name Check and Freedom of Information Act (FOIA)/Declassification programs. The Delivery Order was issued under FCi's Federal Supply Schedule (FSS) contract. USIS maintains that the services called for under the RFQ are not available under FCi's FSS contract, that the agency misevaluated FCi's price, and that the agency misevaluated USIS's past performance. We sustain the protest in part, and deny it in part. View Decision 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:      US Investigations Services, Professional Services Division, Inc. File:                B-410454.2 Date:              January 15, 2015 Jonathan S. Aronie, Esq., Anne Perry, Esq., and Derek R. Mullins, Esq., Sheppard Mullin Richter & Hampton, LLP, for the protester. Claude P. Goddard Jr., Esq., Walter A.I. Wilson, Esq., Daniel J. Donohue, Esq., and Grace O. Aduroja, Esq., Polsinelli PC, for FCi Federal, Inc., an intervenor. Robert D. English, Esq., Department of Justice, Federal Bureau of Investigation, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against issuance of a task order to a vendor for support services pursuant to its General Services Administration Federal Supply Schedule contract is sustained where the record does not support contracting agency’s determination that the services called for under the task order were within the scope of the vendor’s contract. DECISION US Investigations Services, Professional Services Division, Inc. (USIS) protests the issuance of a delivery order to FCi Federal, Inc. under request for quotations (RFQ) No. DFJ-14-1700-PR-0011678, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for services in connection with the agency’s Name Check and Freedom of Information Act (FOIA)/Declassification programs.  The Delivery Order was issued under FCi’s Federal Supply Schedule (FSS) contract.  USIS maintains that the services called for under the RFQ are not available under FCi’s FSS contract, that the agency misevaluated FCi’s price, and that the agency misevaluated USIS’s past performance. We sustain the protest in part, and deny it in part. BACKGROUND The RFQ contemplates the award of a fixed-price delivery order for a 12-month period of performance.  RFQ at 1, 19.  The successful contractor will provide personnel to perform services in connection with the agency’s National Name Check Program.  Under that program, the successful contractor will provide research, analytical, and reporting services for authorized federal agencies.  Essentially, contractor personnel research FBI files to provide available and appropriate information within legal and policy constraints.  RFQ, attach. 1, Name Check Statement of Work, at 1.  The RFQ also contemplates services in connection with the agency’s FOIA/Declassification program.  Under that program, the successful contractor will provide services to the agency in connection with responding to FOIA requests, and also in making determinations regarding the appropriate classification of national security related information.  RFQ, attach. 2, FOIA Statement of Work, at 1. Firms were advised that the agency would evaluate quotations as technically acceptable or unacceptable based on several factors.  RFQ at 14-15.  Firms found technically acceptable would then be subject to a past performance evaluation and assigned an adjectival rating of superior, good, neutral, marginal or unsuccessful.  Id. at 13.  The RFQ also advised that the agency would evaluate prices for reasonableness.  Id. at 15.  The solicitation provided for award to the lowest-priced firm receiving the highest past performance rating.  Id. at 13. The agency received three quotations in response to the solicitation, including those submitted by USIS and FCi.  Agency Report (AR), exh. 14, Award Determination, at 2.  All three quotations were found technically acceptable, id. at 3, and all three firms also received past performance ratings of good.  Id. at 7, 10, 13.  FCi submitted the lowest price of $13,298,366, followed by USIS and the third firm.  Id.