Teledyne-Commodore, LLC--Reconsideration, B-278408.4,

B-278408.4 Nov 23, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights General Accounting Office reverses prior dismissal of protest concerning task orders issued under multiple award contracts and will exercise jurisdiction under the Competition in Contracting Act of 1984 over the protest where. The nature of the procurement demonstrates that the agency is essentially conducting only one competitive source selection. Which is not subject to the restriction on protests of orders placed under a task order contract contained in 10 U.S.C. The RFP is for identification of technologies other than incineration for demilitarization of assembled chemical weapons. 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--Reconsideration File: B-278408.4 Date: November 23, 1998 DIGEST Attorneys DECISION Teledyne-Commodore, LLC requests that we reconsider our decision in Teledyne-Commodore, LLC, B-278408.3, Sept. 15, 1998, 98-2 CPD Para. 70, in which we dismissed its protest of 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, under multiple-award contracts awarded under request for proposals (RFP) No. DAAM01-97-R-0031. The RFP is for identification of technologies other than incineration for demilitarization of assembled chemical weapons. The Army issued the task orders to proceed with the technology demonstration phase of the Assembled Chemical Weapon Assessment Program. We dismissed the protest because of the statutory restriction on protests in connection with task orders. See 10 U.S.C. Sec. 2304c(d) (1994). On reconsideration, we reverse our prior dismissal and reinstate Teledyne-Commodore's protest. On July 28, 1997, the agency issued the RFP, for the selection and demonstration of approaches, other than the "baseline" incineration approach, for demilitarization and disposal of stockpiled assembled chemical weapons. RFP Sec. C.1. The RFP contemplated the award of multiple task order contracts. RFP Sec. A. The RFP divided the work into the following three 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. 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.