Worldtravelservice v. United States

49 Fed. Cl. 431, 2001 U.S. Claims LEXIS 84, 2001 WL 543144
CourtUnited States Court of Federal Claims
DecidedMay 21, 2001
DocketNo. 01-232C
StatusPublished
Cited by59 cases

This text of 49 Fed. Cl. 431 (Worldtravelservice 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
Worldtravelservice v. United States, 49 Fed. Cl. 431, 2001 U.S. Claims LEXIS 84, 2001 WL 543144 (uscfc 2001).

Opinion

OPINION

FIRESTONE, Judge.

This post-award bid protest action comes before the court on the government’s motion [433]*433for judgment on the administrative record and plaintiffs request for preliminary and permanent injunction. Plaintiff WorldTra-velService (“WTS”), the incumbent contractor, challenges a contract awarded by the National Institutes of Health (“NIH” or “the agency”) for travel services to Omega World Travel, Inc. (“Omega”). WTS seeks to enjoin NIH from performing this contract with Omega on the grounds that NIH failed to conduct proper discussions and failed to apply the proper evaluation factors during the procurement process.

Following the denial of its bid protest before the General Accounting Office (“GAO”) on March 26, 2001, WTS filed the present action in this court on April 18, 2001. After discussion with the parties, the court decided to consolidate the plaintiffs motion for a preliminary and permanent injunction with final resolution of the case on the merits. Oral argument was heard on May 10, 2001.

I. FACTS

A. The Awards to WTS

The current controversy grows out of a protracted and contentious procurement process that began in July 1999. On July 6, 1999, NIH issued the first of three requests for proposals for travel management services.1 The solicitation provided that the contract would be for five years, including one base year and four option years. NIH sent the solicitation to thirty-four firms, and six qualifying offers were submitted to the agency. After reviewing these six proposals, NIH awarded the contract to the incumbent, WTS, on November 10, 1999. Following the award to WTS, Omega filed a protest with the GAO challenging NIH’s evaluation of its technical proposal and the price/technical tradeoff. While Omega’s protest was still pending, NIH recognized that its best value analysis was largely undocumented. The agency therefore decided to take corrective action by reopening negotiations with all six offerors in the competitive range. The GAO dismissed Omega’s protest as moot. WorldTravelService, 2001WL 337822, at *2 (Comp. Gen. Mar. 26, 2001).

After reviewing the first round of proposals and developing questions for each of the six offerors, NIH requested that the offerors submit revised proposals to NIH by January 20, 2001. After its review of the second round of proposals, NIH again awarded the contract to WTS, and on May 2, 2000, Omega once again filed a protest with the GAO on the same grounds. In response to this second protest, NIH again agreed to take corrective action because, “the statement of work did not adequately reflect the needs of the agency and the evaluation factors did not reflect the importance of certain aspects of the work.” Id. The GAO accordingly dismissed the second action as moot. Id.

In the meantime, given the delay caused by the wrangling over a new travel contract, NIH decided to extend WTS’s previous contract to May 14, 2001. WTS has therefore continued to fulfill NIH’s travel needs while these bid protest actions have been ongoing.

B. The August 11, 2000 Amended Solicitation

On August 11, 2000, NIH revised the statement of work by adding a technical amendment to the request for proposals (“RFP”), requesting certain additional services and inviting new bids. According to Penny Koontz, NIH’s contracting officer (“CO”), “This amendment more accurately expressed the needs of the NIH. More specifically, it required the contractor to have an off-site location in close proximity to the NIH shuttle bus system.” Revised proposals were due by August 29, 2000. It is the award made pursuant this amended solicitation that WTS is now protesting before this court.

NIH sent the newly-amended solicitation to the six offerors in the competitive range on August 11, 2000. NIH described the services it now sought as follows:

This Statement of Work is for National Institutes of Health (NIH) travel management requirements. The objective is to provide high quality travel services to NIH employees and specifically authorized travelers. The Contractor will implement a [434]*434fee-based travel booking system with multiple methods for reservations including, but not limited to fax, E-mail, in-person, telephone and electronic self-booking system.

Part VI, Section M of the solicitation provided the “evaluation factors for award.” In pertinent part, this section advised potential bidders that:

The major evaluation factors for this solicitation include technical (which encompasses experience and past performance factors) and cost/price factors. Although technical factors are paramount consideration [sic] in the award of the contract, cost/price is also important to the overall contract award decision. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price.
Offerors are reminded that award will be made to that offeror whose proposal provides the combination of features that offers the best or greatest overall value to the Government. The Government is more concerned with obtaining performance capability superiority than lowest overall cost. However, the Government will not make an award at a significantly higher overall cost to the Government to achieve only slightly superior performance. Overall cost to the Government may become the ultimate determining factor for award of a contract as proposals become more equal based on the other factors.

Section M of the solicitation also provided the evaluation criteria that would be used by the Technical Evaluation Panel, or “TEP.” Out of a possible 150 points, for example, a bidder could receive 100 points if it thoroughly understood the contract’s requirements.2 This 100-point “Understanding the Requirement” component, which is at the core of the scoring differences between the proposals at issue here, was comprised of several sub-components, including: “Basic Understanding of Requirement”; “Service Configuration and Personnel”; “Patient Travel”; “VIP Service Methods”; “International Capabilities and Service Method”; “24 Hour Service Function”; “Back-up Support System”; “Technology and Management Reporting”; and “Implementation Plan.” Each of these sub-components also had an assigned point total.

C. Evaluation and Award to Omega

Three offerors responded to the August 11, 2000 revised solicitation by submitting revised bids by the due date of August 29, 2000. The TEP met on September 14, 2000, to review the proposals and rank them using the evaluation factors. After the TEP conducted its review of these revised bids, only WTS and Omega were deemed to be within the competitive range. WTS offered a five-year price of $4,092,950 and Omega offered a price of $2,121,000.

The technical evaluation provided by the TEP in September to choose the offer representing the best value to the government reported the following scores:

Points Criteria WTS Omega Available Understanding the Requirement Quality Control Proee-91.75 78.5 100 dures 27 27.24 30 Past Performance 9 7 10 Other Desired Services 9.25 5.75 10 Totals 137 118.5 150

The majority of the 18.5-point difference between WTS and Omega, or 13.25 points, related to the “Understanding the Requirement” criterion.

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Bluebook (online)
49 Fed. Cl. 431, 2001 U.S. Claims LEXIS 84, 2001 WL 543144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worldtravelservice-v-united-states-uscfc-2001.