GSA resolves contract situation

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WASHINGTON -- The General Services Administration took several travel agents on a rollercoaster ride over the past four weeks, but almost everything was resolved by Christmas Day.

The imbroglio involved agencies that were awarded contracts which were later canceled but then reinstated, agencies that didn't get contracts and later got them and agencies that didn't get all they wanted and maybe never will.

The affair began after the GSA in November gave exclusive hunting licenses to 46 agencies to compete in the federal civilian market for the next five years.

It had been an unprecedented, massive undertaking, with the GSA evaluating hundreds of bids and awarding more than 385 hunting licenses (more properly called "master contracts") giving the 46 agencies the right to compete for federal civilian business in 52 specific regions of the country.

But problems arose when other travel agencies -- well established incumbents in the market -- didn't get anything and were on the verge of being shut out for the next five years.

Other agencies got some master contracts, but were upset because they didn't get all they wanted.

Then there was a group of seven agencies that got master contracts and were happy until the GSA changed its mind and yanked 29 of their awards in 24 regions.

Five disgruntled agencies hired lawyers and filed protests with the General Accounting Office, alleging a host of contracting mistakes by the GSA.

All in all, 63 contracts were disputed either because agencies didn't get them or because awards were canceled, according to Susan May, director of the GSA's travel management division.

Eventually, however, the spirit of the holidays prevailed. The GSA settled the protests and "we compromised on 36" of the 63 disputed awards, May said. The other 27 disputed contracts were not awarded, primarily because the bids were relatively low on technical expertise and relatively high on transaction fees, which the GSA had allowed for the first time.

One of the agencies that had been off-the list, on-the-list was Lorraine Travel of Coral Gables, Fla.

Another agency on the rollercoaster ride was Travelennium (formerly Omega Travel) of Memphis, one of the pioneers of the federal market that holds the Tennessee contract.

Dot Conley, chief executive officer of Travelennium, bid for and won three master contracts to compete in Arkansas, the metropolitan Atlanta area and Kentucky/Tennessee.

After the awards were made, WorldTravel Partners of Atlanta (a firm that initially got some but not all the master contracts it wanted) raised the subject of pricing as part of its protest.

The GSA had told bidders to state their maximum fees for the two-year base contract period, plus separate maximum fees for each of the next three renewal option years, in each region for which they applied.

But WorldTravel Partners protested that the GSA evaluated prices for the two-year base period only, and should have looked at the three option years as well.

On reflection, the GSA agreed. So the GSA put everyone's contracts on hold and "we went back and reviewed the last three years of pricing" by all the winners, said May.

At the end of the exercise, 29 awards were canceled, on the grounds that their transaction fees escalated too rapidly. Travelennium lost all three of its master contracts, but "we couldn't figure out what was wrong" because the firm's rates of escalation were pretty much in the middle, said Conley.

Baffled by the loss of her contracts, Conley requested a debriefing by the GSA and hired travel attorney Josephine Ursini of Virginia Beach, Va., who bluntly told the GSA that it miscalculated.

The GSA reinstated Conley's awards just about a week after she got the notice that they were canceled.

"It's been a little nerve-wracking around here," said Conley with great understatement. She also heaved a sigh of relief that the thousands of dollars she spent on new brochures for the government market were not wasted.

Ironically, WorldTravel Partners lost some of its awards too, as a result of its own protest about the scoring of the fees. But they got reinstated in the settlement, said the firm's attorney Mark Pestronk of Fairfax, Va., who represented the agency and Business Travel Advisors of Miami in separate protests.

Brian Hundertmark of Roberts and Hundertmark of Chevy Chase, Md., who represented three agencies, said, "It was a very large undertaking by the GSA, so it was not surprising that mistakes were made. Once we brought the mistakes to their attention, they took action to correct them. I commend them for that. The system worked."

Pestronk said, "The GSA did a good job overall because handling this massive amount of awards without screwing up would have been impossible. It's still quite admirable what they did. No one had ever done it before and as far as I know, they made everyone happy and got the program off the ground."

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