Teledyne-Commodore, LLC, B-278408.3, September 15, 1998

B-278408.3 Sep 15, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Multiple award contracts is dismissed pursuant to 10 U.S.C. Which provides that "[a] protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for a protest on the ground that the order increases the scope. Or maximum value of the contract under which the order is issued. A. The solicitation advised offerors that the ACWA Program here was separate from the chemical stockpile disposal program. The culmination of the ACWA Program will be a recommendation sent to Congress detailing the results of the technologies evaluated and demonstrated. The RFP stated that all offerors which met the threshold "go/no go" criteria listed in section M.6.1.2 of the RFP and whose proposals were responsive to the solicitation requirements would be awarded a contract and issued a task order for CLIN 0001 in the amount of $50. View Decision Matter of: Teledyne-Commodore, LLC File: B-278408.3 Date: September 15, 1998 DIGEST Attorneys DECISION Teledyne-Commodore, LLC protests the issuance of task orders to General Atomics, Burns and Roe Enterprises, Inc., and Parsons Infrastructure and Tech Group/Allied Signal by the Department of the Army, to proceed with the technology demonstration phase of the Assembled Chemical Weapon Assessment (ACWA) Program under indefinite-quantity, indefinite-delivery, multiple award contracts awarded under request for proposals (RFP) No. DAAM01-97-R-0031. /1/ The Army issued the RFP for identification of technologies other than incineration for demilitarization of assembled chemical weapons. We dismiss the protest. On July 28, 1997, the agency issued the RFP here, for the selection and demonstration of approaches, other than the "baseline" incineration approach, for demilitarization and disposal of stockpiled assembled chemical weapons. /2/ RFP Sec. C.1. The RFP contemplated the award of multiple task order contracts. RFP Sec. A. The solicitation advised offerors that the ACWA Program here was separate from the chemical stockpile disposal program, in constituting an effort to find whether there existed "mature technology" alternatives to incineration. RFP Sec. C.1.2. The culmination of the ACWA Program will be a recommendation sent to Congress detailing the results of the technologies evaluated and demonstrated. RFP Sec. C.1.2.2. The RFP divided the work into the following three distinct contract line item numbers (CLIN), each corresponding to a particular phase of the contract effort: CLIN 0001, data gap resolution; CLIN 0002, demonstration work plan; and CLIN 0003, technology demonstration. RFP Sec. A (executive summary), B, C.4, and M.2. The RFP explained that each of the three requirements would be accomplished under separate task orders. RFP Sec. B.1, C.4. The RFP stated that all offerors which met the threshold "go/no go" criteria listed in section M.6.1.2 of the RFP and whose proposals were responsive to the solicitation requirements would be awarded a contract and issued a task order for CLIN 0001 in the amount of $50,000 to prepare a data gap resolution work plan. RFP Sec. C.1.2.4, C.1.2.5, M.4, and M.5.1. The RFP further explained that the agency would issue task orders for CLIN 0002 based on the evaluation of proposals against criteria described in section M.6.2 of the RFP. Based on the relative technical rankings of proposals a program evaluation team (PET) would recommend, to the extent possible, a minimum of two technologies for demonstration testing. RFP Sec. C.1.2.6. Those contractors recommended for demonstration testing were to receive a second task order under CLIN 0002 in the amount of $50,000 to prepare a demonstration work plan. Id. The PET would then evaluate the demonstration work plans in accordance with criteria announced in the solicitation, and recommend contractors who would be issued a third task order under CLIN 0003, on a cost-plus-fixed-fee basis, to perform demonstration testing. /3/ RFP Sec. C.1.2.7. Contractors that were not issued a task order under CLIN 0002 would not be considered for a task order under CLIN 0003. RFP Sec. M.5.2. The agency awarded contracts and issued CLIN 0001 task orders to seven firms. The agency subsequently issued task orders under CLIN 0002 to six contractors (including Teledyne-Commodore). By letter dated July 29, 1998, the agency informed the protester that it had issued task orders under CLIN 0003 to General Atomics, Burns & Roe, and Parsons/Allied Signal. This protest followed a debriefing by the agency.