Decision Released: Army IDIQ TO Sole Source Award Determination protest denial

File: B-422733.4

Digest

GAO lacks jurisdiction to hear a protest challenging the issuance of a sole-source task order valued below its jurisdictional threshold, based on the additional value of the option to extend services under Federal Acquisition Regulation clause 52.217-8, where the value of the option was not included in the total price that the agency considered in its task order award determination.

Discussion

ManTech challenges the Army’s issuance of the sole-source, interim task order to BAH, arguing that it violates the mandate in the Competition in Contracting Act (CICA) that agencies “obtain full and open competition” through the use of competitive procedures, 10 U.S.C. § 3201(a)(1), and the FAR’s mandate for a fair opportunity to compete. 10 U.S.C. § 3406(c); FAR 16.505(b)(1); Protest at 2, 4. In response, the agency and intervenor seek dismissal of the protest, arguing that our Office lacks jurisdiction to consider these protest grounds because the task order is not valued in excess of $25 million. Dismissal Req. at 1; BAH Response to Dismissal Req. at 1-3. For the reasons discussed below, we conclude that our Office lacks jurisdiction to consider ManTech’s challenge to the agency’s issuance of the interim, sole-source task order and dismiss the protest on this basis.

Under the Federal Acquisition and Streamlining Act of 1994, as modified by the National Defense Authorization Act of Fiscal Year 2017, our Office is authorized to hear protests of task orders that are issued under multiple-award contracts established within the Department of Defense (or protests of the solicitations for those task orders) where the task order is valued in excess of …

Decision

ManTech Advanced Systems International, Inc., of Herndon, Virginia, protests the issuance of sole-source, interim task order No. W56KGY-19-D-0008-0003, to Booz Allen Hamilton Inc. (BAH), of McLean, Virginia, by the Department of the Army, Army Contracting Command, Aberdeen Proving Ground. The agency issued the task order under the Army’s R4 multiple award indefinite-delivery, indefinite-quantity (IDIQ) contract vehicle on behalf of the Product Manager Information Warfare Cyber Information section for services associated with the joint common access platform (JCAP) capability. ManTech argues that the Army’s sole-source award violates statute and regulation.

We dismiss the protest.

Read the decision here.

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