TITLE: B-299422; B-299422.2, Information Ventures, Inc., May 1, 2007
BNUMBER: B-299422; B-299422.2
DATE: May 1, 2007
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B-299422; B-299422.2, Information Ventures, Inc., May 1, 2007

   Decision

   Matter of: Information Ventures, Inc.

   File: B-299422; B-299422.2

   Date: May 1, 2007

   Bruce H. Kleinstein for the protester.

   Doris Gibson, Department of Health and Human Services, and Michael D.
   Tully, Esq., General Services Administration, for the agencies.

   Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the
   General Counsel, GAO, participated in the preparation of the decision.

   DIGEST

   Agency reasonably determined that services involving environmental
   consulting in maintaining and enhancing the Chemical Carcinogenesis
   Research Information System database were included in, and could be
   obtained from vendors holding contracts under, a Federal Supply Schedule
   Special Item Number for environmental planning services and documentation.

   DECISION

   Information Ventures, Inc. protests the acquisition by Department of
   Health and Human Services (HHS), National Institutes of Health, National
   Library of Medicine (NLM), of the maintenance and enhancement of the
   Chemical Carcinogenesis Research Information System (CCRIS) database from
   the General Services Administration's (GSA) Federal Supply Schedule (FSS).
   Information Ventures argues that the determination to purchase from the
   FSS was improper because the required services and subject matter do not
   fall within the scope of the selected FSS Special Item Number (SIN)
   899-1--Environmental Planning Services and Documentation.

   We deny the protests.

   The CCRIS is an online, scientifically evaluated and fully referenced,
   environmental database originally created by the National Cancer
   Institute. In 1985, CCRIS was mounted on the NLM Toxicology Data Network
   (TOXNET) system, and the database was maintained using TOXNET data input
   software. The database contains data and the results of research studies
   for over 9,000 environmental chemical compounds that fall within the
   selected areas of carcinogenicity, mutagenicity, tumor promotion, and
   tumor inhibition. Specific indexing and full bibliographic references are
   included in the database.

   The CCRIS had previously been maintained under a contract that expired in
   June 2006, at which time all CCRIS work stopped. HHS then explored the
   possibility of obtaining these services under the FSS and asked GSA to
   identify the applicable FSS schedule. GSA advised HHS that these services
   fell under SIN 899-1, Environmental Planning Services and Documentation.
   GSA then solicited these services from FSS vendors under this SIN.

   Information Ventures, which is not an FSS vendor, protests the agency's
   actions, and argues that the determination to purchase from the FSS was
   improper because the required services and subject matter do not fall
   within SIN 899-1, Environmental Planning Services and Documentation.

   As a general rule, contracting agencies are required to obtain full and
   open competition in the procurement of supplies and services. 41 U.S.C.
   sect. 253(a)(1)(A) (2000); Federal Acquisition Regulation (FAR) sect.
   6.101. The FSS program, directed and managed by GSA, provides agencies
   with a simplified process for obtaining commonly used commercial supplies
   and services. FAR sect. 8.401(a). The procedures established for the FSS
   program satisfy the requirement for full and open competition. 41 U.S.C.
   sect. 259(b)(3); FAR sect. 6.102(d)(3); OMNIPLEX World Servs. Corp.,
   B-291105, Nov. 6, 2002, 2002 CPD para. 199 at 4. Non-FSS products and
   services, however, may not be purchased using FSS procedures; instead,
   their purchase requires compliance with the applicable procurement laws
   and regulations, including those requiring the use of competitive
   procedures. See FAR sect. 8.401(d); OMNIPLEX World Servs. Corp., supra.

   As indicated, both HHS and GSA found the required services fall within SIN
   899-1. This SIN states in pertinent part:

     Services include, but are not limited to: Environmental Consulting that
     includes the development, planning, facilitation, coordination and
     documentation of and/or for initiatives in areas of chemical,
     biological, radiological, and/or hazardous material services.

   GSA Schedules E-Library, Schedule 899, Environmental Services.

   Here, the solicitation's statement of work requires that the successful
   vendor survey various sources, such as applicable literature, monographs
   and databases, and the NCI/National Immunization Program Bioassay Reports,
   evaluate the pertinent data in accordance with established evaluation
   criteria and, upon approval and direction of the HHS project officer,
   enter suitable studies on chemicals into the CCRIS database. Statement of
   Work at 1. These tasks require a vendor with the necessary qualifications,
   experience and qualified personnel to review and evaluate published
   scientific information; code the relevant information into a specific
   format; and provide highly qualified senior scientists with experience in
   the "carcinogenic and environmental area," to review the data before it is
   released to the public. Solicitation at 12; Contracting Officer's
   Statement at 5. Thus, the services required here involve providing advice
   and guidance to the agency in support of the agency's environmental
   documentation of initiatives of a chemical nature. In this regard, as
   noted by HHS, the CCRIS effort involves research of relevant carcinogenic
   chemicals in the environment for any effects on human health. Contracting
   Officer's Statement at 6. The protester has offered no response as to why
   these services are not covered by this SIN. We, therefore, conclude that
   HHS and GSA reasonably determined that the requirement here is covered by
   SIN 899-1--Environmental Planning Services and Documentation, and that the
   agency's purchasing the services under the FSS was unobjectionable. See
   Information Ventures, Inc., B-291952, May 14, 2003, 2003 CPD para. 101 at
   3.

   The protester also protests that the agency's issuance of the solicitation
   under the FSS resulted from bias on the part of an agency official in
   favor of Technical Resources, Inc., an FSS vendor, and that this action
   adversely affected the protester, who is not an FSS vendor. As noted
   above, the use of the FSS was proper here and Information Ventures does
   not hold an applicable FSS contract. Based on this record, there is no
   evidence of bias.

   The protests are denied.

   Gary L. Kepplinger
   General Counsel