Nations, Inc.

B-272455 Nov 05, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Is sustained. Contract price will exceed $10 million and contract term exceeds 3 years. These exercises are conducted at numerous facilities throughout the United States by the Army's Training and Doctrine Command (TRADOC). If all of the estimated requirements quantities are ordered. The value of the contract will exceed $10 million. The protester maintains that the services under the requirements portion of the RFP are "advisory and assistance" services. The agency has not made a written determination that the services in question are so unique or highly specialized that it is not practicable to make multiple IDIQ contract awards. The agency does not dispute that the contract will exceed the duration and dollar value thresholds. View Decision Matter of: Nations, Inc. File: B-272455 Date: November 5, 1996 Protest that solicitation covers "advisory and assistance" services, and thus improperly provides for award of a single requirements contract, is sustained; professional technical services in support of battlefield simulation training fall within statutory and regulatory definitions of advisory and assistance services, and such services must be procured under multiple award, indefinite delivery, indefinite quantity-type contracts where, as here, contract price will exceed $10 million and contract term exceeds 3 years. Attorneys DECISION Nations, Inc. protests the terms of request for proposals (RFP) No. DABT65-96-R-0001, issued by the Department of the Army for services in support of various computer simulation training facilities. Nations principally maintains that the RFP improperly contemplates the award of a single requirements type contract rather than multiple indefinite delivery, indefinite quantity (IDIQ) type contracts. We sustain the protest. As part of their training, Army officers participate in interactive, "event driven" computer simulation exercises employing scenarios that realistically model the capabilities of the Army, allied forces and selected opposing forces. These exercises are conducted at numerous facilities throughout the United States by the Army's Training and Doctrine Command (TRADOC). The RFP calls for contractor personnel to provide an array of support services in connection with TRADOC's simulation training program. These services include technical preparation for and assistance in executing the exercises (loading the appropriate data or scenarios into the simulation computers, participating as "interactors" and providing data during post-exercise review sessions conducted by the agency's personnel), evaluation of government-supplied enhancements to the simulators, drafting descriptive software change requests generated by the agency, and recommending computer hardware for system upgrades. The RFP contemplates the award of a single task order contract--a combination fixed-price, lump-sum (for performance of work at Fort Leavenworth, Kansas), and requirements contract (for performance of additional work at Fort Leavenworth, and at numerous other Army schools). The RFP provides for a phase-in period, a base year and three 1-year options. If all of the estimated requirements quantities are ordered, the value of the contract will exceed $10 million. The protester maintains that the services under the requirements portion of the RFP are "advisory and assistance" services, and that Federal Acquisition Regulation (FAR) Sec. 16.503(d) (FAC 90-41) precludes the use of a requirements type contract for the purchase of such services where, as here, the agency has not made a written determination that the services in question are so unique or highly specialized that it is not practicable to make multiple IDIQ contract awards. Nations concludes that the RFP should be amended accordingly. The agency does not dispute that the contract will exceed the duration and dollar value thresholds, but maintains that the services in question do not fall within the definition of advisory and assistance services, and that an IDIQ contract thus is not required. The Army maintains that the FAR definition of advisory and assistance services encompasses only management-type advice and assistance, and asserts that this solicitation is outside that definition because it is only for the acquisition of training support services. According to the Army, the contractor's employees will not provide advice and assistance to the agency in terms of how to manage this training program, will not participate in any management-level decision making, and will not otherwise assist the agency in meeting its policy development or program management responsibilities relating to the computer simulation training program. The Federal Acquisition Streamlining Act of 1994 (FASA), 10 U.S.C. Sec.