CWT/Alexander Travel, Ltd. v. United States

78 Fed. Cl. 486, 2007 U.S. Claims LEXIS 319, 2007 WL 2905375
CourtUnited States Court of Federal Claims
DecidedOctober 2, 2007
DocketNo. 07-612C
StatusPublished
Cited by8 cases

This text of 78 Fed. Cl. 486 (CWT/Alexander Travel, Ltd. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CWT/Alexander Travel, Ltd. v. United States, 78 Fed. Cl. 486, 2007 U.S. Claims LEXIS 319, 2007 WL 2905375 (uscfc 2007).

Opinion

[487]*487OPINION

FIRESTONE, Judge.

Pending before the court in this bid protest action are the parties’ cross-motions for judgment upon the Administrative Record pursuant to Rule 52.1 of the Rules of the United States Court of Federal Claims (“RCFC”). The plaintiffs, CWT/Alexander Travel, Ltd. (“Alexander”) and CWT/E1 Sol Travel, Inc. (“El Sol”) (collectively “plaintiffs”), filed this action on August 17, 2007, seeking to permanently enjoin and recompete five travel service contracts awarded by the United States Army (“Army”) under solicitation number W91QUZ-04-R-0007 (“Solicitation”) to AirTrak Travel (“AirTrak”), WingGate Travel (“WingGate”), and Alamo Travel Group (“Alamo”). The plaintiffs contend in their complaint that: (a) a delay in the start date of the contracts by more than two years1 and potential changes to the price of the contracts constitute cardinal changes to the contracts awarded under the solicitation; or, in the alternative, (b) the commencement of the contracts more than two years after the solicitation has resulted, in essence, in the procurement of five new sole-source contracts in violation of the Competition in Contracting Act, 41 U.S.C. § 258 (1988) (“CICA”). The defendant, the United States (“defendant” or “government”), contends that the plaintiffs’ arguments fail because the plaintiffs have failed to identify any modifications to the contracts at issue that fall outside the scope of the solicitation or violate CICA in any other way. For the reasons set forth below, the government’s motion for judgment upon the Administrative Record is GRANTED and the plaintiffs’ motion for judgment upon the Administrative Record is DENIED.

BACKGROUND

I. Background Facts

A. The Procurement

The Information Technology, E-Commerce and Commercial Contracting Center (“ITEC4”) within the United States Army Contracting Agency, which is part of the Department of Defense (“DoD”), issued solicitation number W91QUZ-04-R-0007 (“solicitation”) on February 13, 2004. AR 1. The solicitation sought proposals from small businesses for the provision of travel management and related services on a point of sale basis “to support official travel activities of authorized Department of Defense (‘DoD’) travelers whose duty station is within the Travel Area(s) awarded to the Contractor.” AR 93. The solicitation specifically sought travel management services for travel originating at various Military Entonce Processing Stations (“MEPS”). MEPS are the locations to which military recruits first report for duty, and from which recruits are sent, in groups, to various military bases to begin basic training. The solicitation was issued during the first phase of a two-phased plan to contract for travel management services for official DoD travelers. Def.’s Resp. at 5. Two solicitations were issued in the first phase: one for travel services at MEPS, and another for travel services in non-MEPS areas. Id. The second phase was to involve a third solicitation seeking proposals for the provision of travel services at remaining locations worldwide through multiple indefinite-delivery, indefinite-quantity contracts. Id.

The solicitation sought proposals for six distinct travel areas, identified as Travel Areas 100, 101, 102, 103, 104, and 105, which include, in total, sixty-seven MEPS sites. AR 340-41. Travel Area 100 includes seven MEPS sites located in Maine, Massachusetts, and New York; Travel Area 101 includes ten [488]*488MEPS sites located in Maryland, Missouri (St. Louis), New Jersey, Ohio, Pennsylvania, Virginia, and West Virginia; Travel Area 102 includes fourteen MEPS sites located in Alabama, Florida, Georgia, Mississippi, Missouri (Kansas City), North Carolina, Puerto Rico, South Carolina, and Tennessee; Travel Area 103 includes nine MEPS sites located in Illinois, Iowa, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin; Travel Area 104 includes thirteen MEPS sites located in Arkansas, Colorado, Louisiana, New Mexico, Oklahoma, and Texas; and Travel Area 105 includes thirteen MEPS sites locates in Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon, Utah, and Washington. Id. Each of the six Travel Areas was competed separately. Id.

The solicitation contained a number of detailed requirements to be included in each offer. The contract was designated as a firm, fixed-price contract. AR 5. The offers were required to account for the personnel, labor, services, facilities, and equipment that would be necessary to provide the requisite travel services. Id. In Attachment 9, the solicitation provided to potential offerors historical workload data for one year (October 2002 through September 2003) and estimated workload data for future years (2005 through 2010). AR 342-49. The solicitation specified that “[t]he workload counts are best estimates used for evaluation purposes,” AR 1099, and that the quantities provided to the offerors “are estimates and do not necessarily reflect the number of transactions to be procured after contract award.” AR 153.

Under the solicitation, the offers were required to account for both the cost of traditional travel services and for related transaction fees and other associated costs. AR 5. The solicitation specified that the travel management services would be provided “using both traditional methods and automated methods using the Defense Travel System (‘DTS’) web portal.” AR 93. DTS is the government’s own automated travel system, which the solicitation stated would “be implemented at designated Government locations over the course of the performance period” of the contract. Id. Offerors were required to submit one price model for each Travel Area for which they submitted an offer and were only required to include proposed fees for traditional transactions (and not DTS transactions). AR 153. In response to a question from a potential offeror, the solicitation specifies that “until such time that DTS functionality becomes available, MEPS transactions will be handled using traditional methods only ... DTS transaction fees will be negotiated in base year two of the contract.” AR 202.

The solicitation also contained two equitable adjustment clauses. The first, to account for potential variation in ticket volume requirements, allowed for an equitable adjustment in the contract price “if the estimated number of annual ... transactions ... and the actual number of annual ... transactions varies more than 20 percent above or below the estimated quantity.” AR 121-22. To obtain an equitable adjustment for ticket volume variations, a contractor would be required to submit a revised price proposal and rationale for any transaction fee adjustments to the government. AR 122. The second equitable adjustment clause allowed contractors to seek an equitable adjustment in the event that fees they received from Global Distribution System (“GDS”) providers, which provide access to an on-line travel transaction processing system, were reduced or suspended. AR 122. The solicitation stated: “GDS utilization fees are currently being paid by the GDS providers____ Receipt of these fees have been factored by the Travel Agencies into their proposed fixed price transaction feeds identified in the contract. If after contract award ... the payment of GDS fees are reduced or suspended by the GDS provider, the Contractor will be entitled to an equitable price adjustment.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
78 Fed. Cl. 486, 2007 U.S. Claims LEXIS 319, 2007 WL 2905375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cwtalexander-travel-ltd-v-united-states-uscfc-2007.