Floro & Associates, B-285451.3; B-285451.4, October 25, 2000

Floro & Associates, B-285451.3; B-285451.4, October 25, 2000 TITLE: Floro & Associates, B-285451.3; B-285451.4, October 25, 2000 BNUMBER: B-285451.3; B-285451.4 DATE: October 25, 2000 ********************************************************************** Floro & Associates, B-285451.3; B-285451.4, October 25, 2000 Decision Matter of: Floro & Associates File: B-285451.3; B-285451.4 Date: October 25, 2000 Terry E. Thomason, Esq., and Jonathan A. Swanson, Esq., Carlsmith Ball, for the protester. Adele Ross Vine, Esq., General Services Administration; Raymond M. Saunders, Esq., Department of the Army; and Laura J. Mann, Esq., Small Business Administration, for the agencies. Charles W. Morrow, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Task order for management support services improperly exceeded the scope of multiple award, indefinite-delivery/indefinite-quantity, section 8(a) contract for noncomplex integration services where the work required by the task order is materially different from the scope of work set forth or reasonably contemplated under the contract. DECISION Floro & Associates protests task order No. T0600BN2014 for management services for the Department of the Army, Tripler Army Medical Center, Hawaii, issued by the General Services Administration (GSA) to SMF Systems Corporation under SMF's section 8(a), multiple award, indefinite-delivery/indefinite-quantity (MAIDIQ) contract No. GS00K97AFD2187 with GSA and the Small Business Administration (SBA). [1] Floro contends that the Army violated the Economy Act, 31 U.S.C. sect. 1535 (1994), by having GSA acquire the services without proper authority and that the task order was beyond the scope of SMF's MAIDIQ contract. We sustain the protest. Since February 1997, the Pacific e-Health Innovation Center (P-EIC), Tripler Army Medical Center, has obtained information technology resources pursuant to an interagency agreement with GSA, which authorizes GSA to procure information technology for the Army from third parties. [2] GSA Agency Report, exh. 23, Service Agreement. In early March 2000, the Army enlisted the services of GSA, based on this agreement, to procure a "new government requirement" for "collaboration and distance learning/mentorship management" services for P-EIC. See Army Agency Report, Program Manager's Memorandum for Record, Aug. 14, 2000, at para. 2. The statement of work (SOW) for this requirement stated the scope as follows: The Contractor shall provide management services in support of the P-EIC's Collaboration and Distance Learning and Mentorship product lines. P-EIC's projects represent both prototyping and research projects and emerging technology projects which have a concentration in technology development and demonstration/validation, and maturation. GSA Agency Report, exh. 3, SOW para. 2.3. The two major specific tasks of the SOW were: Task 2: E-health New Initiatives and Collaboration Product Line Management. The Contractor shall provide one half of a full-time equivalent (FTE) of a senior level project manager to support the P-EIC Program Manager in planning and executing the E-health New Initiatives and Collaboration Product Line. This shall include identification of potential collaboration and partnership opportunities for the P-EIC, coordinating and effecting discussions and agreements with collaborative/partner organizations, including federal, state and private organizations, and developing project plans for resulting projects. The Contractor shall define plan of approach, process, and established criteria for engaging in new business opportunities and collaborations. . . . . . Task 3: Distance Learning and Mentorship Product Line Management. The Contractor shall provide one half of a FTE of a senior level project manager to support the P-EIC Program Manager in planning and executing the Distance Learning and Mentorship Product Line. The contractor shall develop and demonstrate programs to provide for evolving technology-based learning programs and leveraging of existing programs related to healthcare technology learning/mentorship. The predominant outcome of activities within this pillar shall be education and training. These programs shall include federal, state and other Hawaii-based organizations. The focus of the efforts will be evolving technology-based learning programs and leveraging of existing programs. Id., para.para. 3.2, 3.3. Each of these tasks had numerous subtasks. [3] To fulfill the Army's requirements, GSA, by letter dated March 3, 2000, solicited proposals from Federal Supply Schedule (FSS) vendors and non-FSS vendors. The letter explained that the evaluation of proposals would be based on the vendor's capacity, technical proposal, past performance, and price, with award to be based on the best value.